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What should field sobriety tests look like?

On Behalf of | Aug 21, 2024 | Criminal Defense

If you have never been stopped by the police while driving before, the first time can come as a shock. Prior knowledge about what to expect can improve your chances of handling the situation well. 

One thing the police might ask you to do is to perform some field sobriety tests. Only three are officially recognized: 

Walking along a line

When correctly implemented, this test should involve the following. You will be asked to walk heel to toe for nine paces along a line on the road then turn around and walk back down that same line.

Balancing on one leg

The officer should ask you to stand with one leg raised six inches off the ground while you count one thousand and one, one thousand and two and so on. They should not last more than thirty seconds.

Focusing on something the officer holds in front of your eyes

An officer will hold up their finger, a pen or a flashlight and slowly move it from side to side. You need to keep your eyes focused on it all the while.

Those are how those tests should be implemented. If an officer is deviating from these standard tests, or adding twists to them, a court should hopefully consider the results less valid. Similar should apply if the officer did not give clear instructions or unsettled you by shouting, mocking you or anything else.

You can try these tests now, in the comfort of your home. You might notice that even when sober, they may not be easy. Medication, medical conditions, poor balance or nerves could all lead you to fail them now, let alone in a high-pressure situation such as a police stop.

You can refuse these tests

Field sobriety tests are not obligatory and a court cannot punish you because you refused them. (This is not the case with breath, blood or urine tests where refusal after an arrest could have consequences). 

Learning more about your legal rights and options is wise if you find yourself in a difficult situation with the police.

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