Field Sobriety Tests: Common Errors

Because field sobriety tests rely heavily on the officer’s interpretation of your actions, as well as your understanding of the instructions, these types of tests are highly subjective. What one officer may judge to be an acceptable performance, another may decide to score as failing. The three NHTSA-recognized field sobriety tests have a set of specific rules that must be followed in order to ensure accuracy, but not all police officers are trained on these rules. Additionally, if other tests are used, their accuracy cannot be scientifically verified, no matter how well the officer follows procedures.

Another factor in field sobriety test errors is the conditions at which the test is held. For the walk and turn, or one leg stand, testing conditions play a large role in the accuracy of the test. If the ground is uneven, slippery, unstable or otherwise unsuitable, it can make passing the test difficult at best. When these types of conditions are combined with feelings of nervousness or the sense that you are being intimidated, passing is nearly impossible.

Lastly, medical conditions, certain prescription drugs, weight problems, age, or a host of other physical factors can make it difficult for someone who is perfectly sober to pass a field sobriety test. Even the horizontal gaze test can be rendered inaccurate by someone who is taking seizer medication. Considerations should be made for these types of issues, and in the cases where an officer should reasonably believe that a person’s physical condition would hamper their performance on the test, field sobriety tests should not be administered.

Should You Take a Field Sobriety Test? 

Ultimately, it is your decision whether or not to take the field sobriety tests at the time that you are stopped. Field sobriety tests are optional, with the exception of the PAS test, if you are younger than 21 years of age. If you are over 21, the PAS test is also optional. Because of the large margin of error, and the fact that any negative result will be used against you in a DUI charge, most Los Angeles DUI attorneys will advise against taking any field sobriety tests. You can politely decline to take a field sobriety test without penalty – it will not affect your driving privileges at the DMV hearing.

If you’ve been charged with DUI in Los Angeles and failed your field sobriety tests, don’t assume that your case is hopeless. A skilled Los Angeles DUI lawyer can build a solid defense for you case, and in some cases, can completely refute the initial findings of the arresting officer with regards to the test results.