Drunk Driving Defense, DUI Arrest - FAQs
5. What is the best thing to do if an officer asks me to take a field sobriety test?
There are numerous FSTs (field sobriety tests), however most officers will use 3-5 of the more common options:
- Finger-to-nose
- Horizontal gaze nystagmus
- Heel-to-toe
- Alphabet recitation
- Hand pat
- Fingers-to-thumb
- One-leg-stand
- Modified position of attention (the Rhomberg test)
When the officer requests that you submit to the FSTs, the truth of the matter is that they have more than likely already decided to make an arrest. When the suspect predictably fails, this simply serves as additional evidence for the case. Also, not like the chemical tests, refusing to submit to an FST should not have any legal consequences. With all of this in mind, politely refusing to submit to any FSTs could be a better option to take.
There are three of these tests that have been federally-approved by the National Highway Traffic Safety Administration as a reliable procedure for determining an intoxicated driver. Heel-to-toe (also known as walk-and-turn
), one-leg-stand, and horizontal gaze nystagmus are the only FSTs that are scored objectively. Rather than allowing the officer to use his better judgement
in determining a pass or fail (as all of the other tests do), these three tests numerically score the suspect according to specific details or actions. Besides these three tests, all of FSTs are found to be unreliable and are generally disapproved.
