The police need probable cause before they can arrest a person for drunken driving. They can gather evidence that can be used against a driver by asking them questions, performing chemical tests or having drivers perform field sobriety tests.
Field sobriety tests are frequently used, but that does not mean they are always accurate. Many people have been falsely arrested and charged with drunk driving because they failed a field sobriety test. Here is what you should know:
4 kinds of field sobriety tests
Field sobriety tests are physical examinations that cause people to move in a way that might be difficult to do if they were inebriated. There are three kinds of standardized field sobriety tests:
- Horizontal gaze nystagmus test: allows the police to spot potential signs of inebriation by having the driver focus their gaze on a moving object
- Walk-and-turn test: a driver is responsible for walking in a straight line
- One-legged stand test: the police can have a driver lift one leg for several seconds
Any other kind of field sobriety test is considered non-standardized. This may involve a driver touching the tip of their nose with their finger or doing basic math equations. Failing any of these tests, however, may lead to an arrest.
How field sobriety tests can lead to false accusations
The reason why field sobriety tests can not always be trusted is because drivers are evaluated based on a police officer’s best judgment. Disabilities, drowsiness or effects from prescription medication can make a driver appear drunk. As a result, many drivers have to reach out for legal help to create a defense against false drunk driving accusations.