What You Should Know About Field Sobriety Tests
The results of field sobriety tests may lead to your arrest and may be used as evidence to convict you on drunk driving charge.
I am Steven M. DuBreuil, a Salt Lake City criminal defense attorney who understands how to fight DUI charges based on weak evidence, such as that gathered from field sobriety testing. If you were arrested because you failed a field sobriety test, please contact my office to arrange a free consultation.
Field sobriety tests when combined together are only accurate 80 percent of time — and that is if they are performed correctly; which they often are not. Individually they are only 60% accurate.
The state of Utah only accepts three field sobriety tests in evidence.
- The horizontal gaze nystagmus: There are 38 different things that can cause the effect police are looking for in this test, including the measles. Police often fail to run enough trials to make the test anywhere near valid. I'll ask, where did the test take place? Was it at night, with lights in the defendant's eyes? That can invalidate test results.
- The 9-step walk and turn: Keep your hands to your sides. Walk heel-to-toe for nine steps. Execute a turn and walk back. There are six aspects or "clues" that the officer is looking for, everything from too much space between heel and toe to raising your arms from your side. If you display just one of the six, you fail. Try it in high heels, when you are stiff from a long drive, or on a windy night and you are almost sure to fail.
- The 1-legged stand: Many sober people cannot pass this test, especially if it is given on a highway or at night. Many conditions other than intoxication affect balance.
You are not legally required to participate in field sobriety testing.
Defense of Utah DUI Charges
The consequences of a drunk driving charge are too steep to just plead guilty. I know how to take apart a case built on flimsy evidence. If you need a lawyer, please contact my office by e-mail or call 801-326-3695. I defend clients charged with DUI for a reasonable fee and payment plans are available.
