Field sobriety tests (FSTs) are a common tool law enforcement officers use to evaluate whether a driver is impaired. If you’re pulled over on suspicion of driving under the influence (DUI), an officer may ask you to perform these tests. Understanding what field sobriety tests entail and your rights regarding them is crucial for navigating this situation.
What Are Field Sobriety Tests?
Field sobriety tests are physical and cognitive exercises designed to measure a person’s ability to focus and coordinate their movements. They are typically administered on the roadside during a DUI stop.
These tests are part of the Standardized Field Sobriety Test (SFST) battery established by the National Highway Traffic Safety Administration (NHTSA). The three most commonly used tests are:
- Horizontal Gaze Nystagmus (HGN): This test involves following an object, like a pen or flashlight, with your eyes. The officer looks for involuntary eye movements, which may indicate impairment.
- Walk-and-Turn (WAT): You’re asked to walk in a straight line, heel-to-toe, turn, and walk back. This assesses balance, coordination, and ability to follow instructions.
- One-Leg Stand (OLS): You’re required to stand on one leg while counting aloud for about 30 seconds. This tests your balance and focus.
Are Field Sobriety Tests Accurate?
While field sobriety tests are standardized, they are far from foolproof. External factors, such as uneven terrain, poor lighting, medical conditions, or nervousness, can affect performance. Additionally, officers' subjective judgment plays a significant role in determining test results.
Failing a field sobriety test does not necessarily mean you are intoxicated. However, it can provide probable cause for an officer to arrest you or request a chemical test.
Your Rights During a Field Sobriety Test
In Colorado, you are not legally required to participate in field sobriety tests. These tests are voluntary, and you have the right to politely decline them. Refusing an FST does not carry the same penalties as refusing a chemical test, such as a breathalyzer or blood test.
Tips for Handling a Field Sobriety Test Request
If you find yourself in a situation where an officer asks you to perform a field sobriety test, keep the following in mind:
- Remain Calm: Stay composed and polite, regardless of the circumstances.
- Understand It’s Voluntary: You are not obligated to perform the test and can decline without immediate legal consequences.
- State Your Rights Clearly: If you choose not to participate, communicate your decision respectfully.
- Contact an Attorney Immediately: If arrested, request legal representation as soon as possible to protect your rights.
Field sobriety tests are often used as a preliminary tool to determine intoxication, but their accuracy is limited and subject to interpretation. If you’ve been subjected to a field sobriety test and are facing DUI charges, having an experienced attorney can make a significant difference in the outcome of your case.
Reach out to Fife Luneau, P.C. today at (720) 408-7130 to learn more.