If the police do not have clear evidence that a driver is drunk, they may ask the driver to perform a field sobriety test. A field sobriety test is a physical examination of the driver. The police can judge the driver during a field sobriety test and decide whether a driver shows signs of inebriation.
There are three kinds of standardized field sobriety tests. Here is how each of these tests works:
1. Horizontal gaze nystagmus test
During a horizontal gaze nystagmus test, the police may hold up a finger, pen or light in front of the driver’s face. The driver will be asked to keep their head still but to focus their eyes on the object. The police will then move the object from side to side. An inebriated driver may struggle to focus their eyes on the object.
2. One-legged stand test
The driver may be asked to do a one-legged stand test. To do this test, the driver will be asked to lift one leg up slightly off the ground. The police will then have them hold this position for several seconds. If the driver drops their leg or struggles to stay balanced, then they could be inebriated.
3. Walk-and-turn test
The police may ask a driver to do a walk-and-turn test. The driver will need to stand on a line. The driver will then walk several faces forward, turn around and walk back. If the driver steps off the line or fails to follow instructions, then the police may believe they are inebriated.
Failing a standardized field sobriety test does not always mean a driver is drunk. The police could misjudge them. Drivers should learn more about their legal defense options.