DUI DEFENSE - Field Sobriety Tests

Field sobriety tests are commonly employed by police officers to help them uncover drunk drivers. The tests are designed to evaluate a person's balance, coordination, and ability to multi-task. The tests vary from the walk and turn to the horizontal gaze nystagmus, which scores ability of a person’s eyes to follow an object like a pen from side-to-side. Other tests that may be used are the finger-to-nose test, saying the alphabet or counting backwards.

These tests were designed to help police officers evaluate a person's sobriety, but they can be difficult for a sober person to pass. Another problem is that whether you pass or fail a field sobriety test is a subjective conclusion for the officer to decide. Also, scientific studies have noticed problems with the accuracy of some of these tests and have challenged them repeatedly. Last but not least, these tests are not even legally required. It is within your rights to decline to take them and receive no adverse legal consequences.

Numerous studies sponsored by the National Highway Traffic Safety Administration (NHTSA) have concluded that only three field sobriety tests are effective in detecting a drunk driver. These three are the horizontal gaze nystagmus, the one-leg-stand, and the walk and turn. Furthermore, these tests are only valid if the officer administers them properly each time and scores them properly each time.  This also means that every other field sobriety test is defective. Although many local law enforcement agencies have been adopting the recommended battery of three tests, not all have done so.  If you were given a field sobriety test like the one pictured below, please remember that studies have shown that this particular test does not accurately detect drunk drivers.

If you have been arrested for DUI, critical areas of the prosecution's case are the field sobriety tests that were given, whether the officer had the right to ask you to perform these tests and whether the officer had  the proper training at the time to administer these tests.  If you have been arrested for DUI in the metropolitan Pittsburgh area, please call me at 412-429-4360, email me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact me through this website for a free initial consultation to discuss your case.