How many times have you looked in your rearview mirror and seen a police car following closely behind? You likely make a concerted effort to maintain the speed limit and obey all traffic laws. Then you breathe a sigh of relief when they pass you or turn onto another road.
There may be times they are following you due to suspicion of an OWI. Eventually, they will motion you to pull over and request you to complete a field sobriety test. However, even if you are completely sober, you may still fail the test. Will you be arrested? What are your options?
What are field sobriety tests?
Law enforcement officers use field sobriety tests to determine if a person is under the influence of drugs or alcohol. These tests assess the individual’s physical coordination, balance and cognitive function. The most common tests are:
- Horizontal Gaze Nystagmus Test to observe eye movement
- Walk-and-Turn Test to assess balance, coordination and the ability to follow directions
- One-Leg Stand Test to evaluate balance and motor skills
One issue with field sobriety tests is that they are subjective and rely on the officer’s observations, which can sometimes lead to inaccuracies. Furthermore, several factors can affect performance, even in sober individuals.
Certain medical conditions can affect a person’s ability to perform specific tasks. An inner ear issue can affect balance, making it nearly impossible to stand on one leg or walk heel-to-toe. Neurological disorders, such as Parkinson’s disease, can impair motor skills, cause tremors and make walking difficult. Low blood sugar in diabetics can cause dizziness, confusion and slurred speech. These symptoms appear similar to those of someone under the influence.
Environmental factors may also affect a person’s ability to complete a field sobriety test. Roadside tests are often conducted on uneven pavement, or there may be potholes, which makes it harder to maintain proper balance. Rain, snow and ice create slippery surfaces that significantly impact a person’s ability to walk and balance. Poor lighting, particularly during nighttime, can make walking in a straight line much harder.
Failing a field sobriety test can be anxiety-inducing, especially if you weren’t intoxicated. If you’ve been charged with an OWI, you need to contact a legal representative. They can review your case and help you prepare a strong defense and protect your rights.