We’ve all seen depictions of field sobriety tests in television and the movies. An officer tells an obviously drunk driver to walk a line and touch his nose, but the driver wobbles along, hands held out to the sides, barely standing upright. These tests are often the source of comic relief in movies, as the character is so unable to function that a simple task like standing on one leg turns into a slapstick routine.
In real life, if you fail a field sobriety test, you will most likely be arrested for a DUI. However, in Avondale Arizona as well as many other municipalities around the country, you have the right to refuse to take these field tests. If you do take the tests and are arrested, your Avondale DUI lawyer can try to have the results thrown out of court since the tests are not considered to be very accurate for a number of reasons:
Subjectivity
One of the primary reasons that field sobriety tests cannot be considered highly accurate is they rely exclusively on the judgment of the officer conducting them to determine if the driver passes or fails. One officer may rule a person sober, while another officer could rule the same person drunk.
Officers must be trained to conduct and interpret these tests, and they do not always receive the right training or properly apply that training.
Outside Influence
Field sobriety tests are influenced by much more than the cognitive ability of the person taking them. Poor visibility (such as darkness or fog), uneven road conditions, or even certain footwear can make it hard for drivers to maintain steady footing, even when they are 100 percent sober. Too many outside influences can affect the results of field sobriety tests to consider them accurate.
Scientific Accuracy
The National Highway Traffic Safety Administration has said the three primary field sobriety tests — the horizontal gaze nystagmus test (where you follow an object with your eyes), the walk-and-turn test, and the one-leg stand test — have an accuracy rate of between 79 percent and 91 percent. While those numbers may seem high, consider that there is as much as a 21 percent chance that the test will wrongly find you inebriated. If you were gambling, those would seem like pretty good odds.
Even scientific studies have shown that these tests have a high margin for error, which is not acceptable when prosecuting criminal charges.
If you are ever stopped on suspicion for driving under the influence and are asked to take a field sobriety test, you can refuse to do so. If you are pressed, ask to speak to a DUI lawyer first. An Avondale DUI lawyer can help you if you are arrested for a DUI in Arizona and may even be able to get the charges dismissed entirely. Often, the charges can be called into question by showing the inaccuracy of the field test or a breath test.
Guest Blog Published By: My AZ Lawyers
