The Flaws of Sobriety Tests

You may be subjected to a field sobriety test because of erratic driving, or after being stopped at a field sobriety checkpoint. Unfortunately, these field sobriety tests are often flawed because of their subjectivity, the type of environment you are taking the tests in, and your personal sense of balance, which may or may not have anything to do with drinking alcohol.

The only good news is that if you are arrested for a DUI, your Virginia DUI defense lawyer can attack and disprove the results of your field sobriety tests in court.

What is a Field Sobriety Test?

Field sobriety tests (FSTs) are subjective experiments that are used to determine if a person is driving while impaired. These tests are meant to evaluate your:

Motor skills
Coordination
Mental awareness
Ability to pay attention

An officer who suspects you of a Virginia DUI will generally administer the test. A driver may refuse to perform any tests that an officer requests. The best way to do this is to tell an officer that you would first like to speak to an attorney.

The Nystagmus Test

In these field sobriety tests, an officer will look to see if your eyes make any trembling or jerking movements. He will do this by having you follow a flashlight or pencil with your eyes.

If your eyes do make such movements, it may suggest that you are under the influence of alcohol. But this may also be due to nervousness or certain medical conditions. This is not a good way of determining any definite level of intoxication for a Virginia DUI.

Standing on One Leg

This test is used to measure your balance. An officer may ask you to stand on one leg for 30 seconds while simultaneously counting aloud or picking up an object from the ground. If you lose count, lose your balance or show poor coordination, the officer might suspect you of a Virginia DUI.

Again, nervousness may play a part, the ground may be uneven, or you may simply have poor balance. Whatever the case, a good Virginia DUI attorney may be able to argue that this test was an unfair measure of your supposed intoxication.

Finger to Nose

Another common field sobriety test is one called “finger to nose.” In this test, an officer will have you:

Stand with your feet together
Close your eyes
Extend your arms
Bring your finger to your nose

If you lose your balance, miss your nose or show any signs of trembling, then once again you may be suspected of a Virginia DUI and arrested. But like the other field sobriety tests mentioned above, finger to nose can be disorienting, even if the participant is completely sober.

Before you plead guilty to a DUI in Virginia, speak to a qualified Virginia DUI attorney about your case.