A DUI Attorney Discusses Field Sobriety Tests

I am a DUI attorney. That means I try to help people that have been charged with a DUI to get out of it. Because of that, this article may appear to be a little biased. Why would a DUI lawyer, after all, think that field sobriety tests are a good thing? But, everything I say here is true. These are not opinions.

Before I get too far, I want to point out that though much of this information applies throughout the country, some of it is specific to Washington State. I practice in Washington State, so I know the law here. It may be different in other places. Before you do something based on this article, please consult an attorney in your area.

First things first, field sobriety tests do not test your sobriety. By taking these tests you cannot tell if you are too drunk to drive. They cannot tell if you are able to safely operate a vehicle. What these tests were designed to do is give an officer an indication of whether or not you will have a breath test of.10 or over (and even that doesn't necessarily reflect if you are actually too drunk to drive). So, in reality, they are roadside tests - not sobriety tests.

Next, these tests are useful only if they are done strictly according to the directions. That means if you deviate even a little bit, the effectiveness of the test is lost. Do you think cops are always administering these tests correctly? Or do you think they just "do it their way" and that's good enough. My experience shows me the latter is definitely the norm.

In fact, there are only three tests that are used to show anything at all - horizontal gaze nystagmus, walk and turn, and the one leg stand. And of those three, the HGN can only be used to show whether or not alcohol was consumed. That means if you've had a drink, not if you are drunk. And all of the other tests you might take (alphabet, touch your nose, etc.) show the same thing.

In the end, if you are in Washington State, just don't take these tests. They aren't reliable. They aren't going to help you out. And in the end you are just going to give a lot of stuff for the cops to use against you.

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