If you have ever seen someone walking a straight line on the side of the road or saying the alphabet backwards at a police officer’s request, you have witnessed a field sobriety test.
While there are a number of field sobriety tests, there are only three that are sanctioned by the National Highway Traffic Safety Administration (or NHTSA). These tests are referred to as standardized field sobriety tests, and they consist of the Horizontal Gaze test, the Walk-and-Turn test, and the One-Leg Stand test. These tests are basically used to determine whether or not the driver should be arrested for driving under the influence.
While these tests may appear to be easy, the officer is looking for numerous signs that an arrest can be made. These tests are designed to show your ability to follow instructions, in addition to showing your balance and coordination.
The walk-and-turn test is a good example of a divided attention test. To administer the test, the police officer must first demonstrate what the driver will be doing. The driver takes nine heel-to-toe steps (while counting the number of steps out loud), pivot, and then take nine steps back. During the test, the officer is looking for signs of intoxication, such as having difficulty walking a straight line, trouble balancing, and failing to count the steps. It is important that this test is performed on a hard, dry surface. Rain and other weather conditions affect the safety of this test. Older people and people with physical problems should also not be asked to take this test.
The horizontal eye test is used to determine intoxication by measuring the involuntary jerking of the eye. Everyone’s eye jerks when looking to the side, but the onset of this jerking is more pronounced when a driver is under the influence. To administer this test, the officer will ask the driver to follow a small object with his or her eyes.
While many consider this the most scientific of the field sobriety tests, this test also has flaws. There are over 100 medical conditions that may cause jerking of the eyes. Police officers are not trained ophthalmologists and use of this test may lead to an innocent person being charged with DUI because of a physical problem beyond his or her control.
There are several reasons why these tests are unfair to the driver. The first is that this test is purely subjective. After all, the test is graded by the police officer. This leads to a he said-she said situation in court, with your word against the officer’s.
These tests are also made harder because they are performed while you are in an emotional state. Being pulled over and accused of drinking and driving is enough to make anyone’s heart rate increase, making it even harder to perform these tests to the best of your abilities.
Is it fair to use field sobriety tests, which many sober people would also fail, as a measure of intoxication?
