Sobriety Tests

For decades, police officers have used voluntary tests to determine possible intoxication of drivers stopped on suspicion of drunk driving.

In the early years the tests varied widely from city to city and might include touching your finger to your nose, standing on one leg, or walking a straight line. There were no studies to determine the fairness of these tests.

However, in 1977 the The National Highway Traffic and Safety Administration (NHTSA) researched these tests for the first time and today motorists suspected of DUI are routinely asked to perform one or more of these tests. These voluntary "tests" were developed by police agencies to assist law enforcement officers in making roadside determinations as to whether a motorist is under the influence. The officer subjectively determines how the motorist reacts to and performs the requested tasks.

Never attempt ANY "field tests" - EVER - they are "designed" to make your fail.

Knowledgeable criminal defense lawyers know that 98% or more of the officers administering these evaluations do them wrong. When done incorrectly, these evaluations have ZERO reliability.

The National Highway Traffic and Safety Administration (NHTSA) has established a battery of three tests that they say will obtain valid indicators of impairment and establish probable cause for arrest - only three have been "scientifically" studied. They are:

Walk and Turn.

The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if you can keep your balance, follow instructions, if you began early, if you stopped during the test, if you left space between your heel and toe, or you step off the line, or you lost your balance while turning.

One leg stand.

The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by you during the test.

Horizontal Gaze Nystagmus.

The officer should position a pen 12 inches away from your face, and move the pen from side to side while watching your eyes. The officer is looking for involuntary jerking or trembling of your eyes. Jerking or trembling may be a sign that you are under the influence.