If a police officer has ever asked you to perform a field sobriety test, you probably felt like you had no choice but to get out of the car and do your best to walk in a perfectly straight line, or to point to your nose in just the right way. What many people do not know about field sobriety tests is that you do have a choice about whether or not you participate in them. Also, many people are unaware of all of the potential implications of engaging in field sobriety testing.
It is important that you become familiar with field sobriety testing, because you never know when your next traffic stop might be. Even if you do not consume alcohol, you should educate yourself about this issue because sober drivers are sometimes asked to perform field sobriety tests. In fact, one of the most disturbing things about field sobriety testing is that some sober drivers fail the tests and are subsequently charged with driving under the influence of alcohol, while some drivers who are intoxicated pass the tests and get back behind the wheel.
Field sobriety tests are increasingly becoming regarded as inaccurate assessments of intoxication. The National Highway Transportation Safety Administration has not issued any standards for administering or scoring field sobriety tests. This leaves the decision about whether an individual passes or fails each test up to the subjective judgment of the law enforcement officer administering it. Studies have shown that police officers judge a driver’s level of intoxication incorrectly during one third of all field sobriety tests that they administer. This means that every time you choose to do a field sobriety test, there is a one in three chance that you will either be wrongly accused of driving under the influence or that you will be permitted to continue driving while intoxicated, depending upon your actual condition.
Not only are field sobriety tests inaccurate, they are also damaging. Whenever an officer asks you to step outside of your vehicle for a field sobriety test, they have already decided that they think that you have been drinking. Every single movement that you make once you decide to exit your vehicle becomes evidence that the law enforcement officer can use to build his or her case in support of a DWI conviction.
Engaging in a field sobriety test will not, contrary to popular belief, get you back on the road faster by “proving” that you are sober. Sober drivers often make the mistake of choosing to participate in field sobriety tests because they think that the officer will certainly be able to see that they are not intoxicated. Unfortunately, many people are not aware that they can easily fail a field sobriety test when they are completely sober. If you are nervous or tired, you could be a little shaky on your feet. The same goes for if you are wearing high heels, or if the road surface is wet, uneven, or slippery. Some tests require a fair amount of coordination, and some people will fail those tests when they are sober simply because they are not very coordinated.
If you have been accused of driving under the influence of alcohol, you need the help of an experienced Longview DWI defense attorney. To learn more about how we can help you to defend yourself against DWI charges, schedule a free consultation with East Texas DWI defense attorney Alex Tyra today. Call our office at (903) 753-7499, or visit our law firm website to submit an online contact form.