“I thought I passed the tests”: Some myths and some facts about the Standardized Field Sobriety Tests
I’m going to do a quick little “fact v fiction” on the Standardized Field Sobriety Tests here.
1. These are not pass/fail tests. These tests are not graded on an objective “pass/fail” scale. The tests are conducted and the officer looks for “clues” on the tests. There’s no set number of clues that result in a DWI arrest. You could show one clue on each test (which isn’t a lot) and still get arrested for DWI.
2. There are three standardized field sobriety tests. These are:
a. The Horizontal Gaze Nystagmus – your eyes will be tracked following a stimulus to see if there’s nystagmus (an involuntary jerking of the eye.
b. The Walk and Turn – you are asked to take nine “heel to toe” steps in a straight line with one foot in front of the other and turn with a series of small steps.
c. One Leg Stand – you will be asked to hold one foot up at an angle and look at it and count 30 seconds.
The “Rohmberg” test, in which you look at the sky and try to stay steady, is not a standardized test but it is still used. It is not correlated with intoxication. I wonder at the legality of using it. Also, “ABCs” or “finger to nose” are not standardized tests.
3. You can refuse the standardized field sobriety tests. However, you may be arrested anyway as your refusal may be considered a sign of intoxication.
4. The SFSTs are not correlated to an actual Blood Alcohol Concentration. No officer should ever testify that a certain number of clues means you had a BAC of X (a .08 or higher, for example).
5. These are divided attention tests. They are meant to be hard. They are meant to utilize a lot of different skills at the same time. You will be tested on your mental faculties (ability to listen to and do the test as instructed, and remember the instructions), and many physical faculties (balance, for example).
6. Saying “I can’t do that sober” is a VERY BAD IDEA!!! (You are essentially saying you aren’t sober when you say that and it doesn’t make a good argument for not doing the tests or doing badly).
I thinkyou should have a plan if you get stopped and you have a few drinks in you (or drugs). Figure out before hand if you are going to do the SFSTs. You may still get arrested if you don’t do them, but the officer may not have enough probable cause to get a warrant for your blood. And: don’t get so drunk and then drive that you don’t have the mental acuity to follow your plan.