Driving Drunk: Five Myths About Field Sobriety Tests

Driving at night – especially around bar closing time – can be one of the most common times for individuals to be pulled over. If you find yourself in this unlucky situation, whether or not you’ve been drinking, there are a few things you should know to help keep yourself safe and avoid hiring an accident lawyer.

First off, many lawyers would advise against taking a field sobriety test when pulled over and accused of a DUI. Why? Because these tests on their own are highly inaccurate and any imperfections can be attributed to a variety of factors. Below, you’ll find the top myths about field sobriety tests – and why they don’t always hold up in court.

Myth #1: When administered perfectly, field sobriety tests are 100% accurate.

According to the National Highway Traffic Safety Administration, the walk-and-turn test has a 68% accuracy rate, while the one-leg stand text has a 65% accuracy rate – even when administered perfectly. And, this is assuming every person who ever takes the test is physically the same without disabilities, inner ear problems, or other sicknesses.

Surprising? That means that if individuals could be convicted on these tests alone, nearly one-third of people would be wrongly convicted – or, one in three people would be wrongly arrested.

Myth #2: It doesn’t matter where or when the test is administered, results are the same.

This is absolutely not true. Many factors play into field sobriety tests such as:

• Slippery terrain and uneven surfaces

• Extreme cold or hot temperatures, rain, snow, and wind

• Distractions like flashing lights and nearby traffic

• A too-dark testing area or flashing lights

• Unsuitable footwear such as high heels, strappy sandals, or boots

• And perhaps the most common – anxiety, frustration, and nervousness

Myth #3: Personal medical conditions play no role in field sobriety tests.

Medical problems with an individual’s arms, legs, back, neck, and eyes can strongly affect the results of a field sobriety test. Further medical conditions can also affect Breathalyzer test results.

Myth #4: All field sobriety tests an officer administers will be used in court.

In reality, the federal government and NHTSA don’t consider tests like counting backward, reciting the alphabet, or touching your finger to your nose as valid tests. Although they may be brought up in court, don’t be surprised if the judge rules them as invalid in the court of law.

Myth #5: Most states require you to take a Breathalyzer and field sobriety test.

In reality, only a few of the states throughout the nation can require you to take field sobriety tests. However, if an officer tells you your license will be revoked if you don’t comply, take the field sobriety test and tell the officer to note in his or her report that you are only agreeing under protest.

Hopefully, you’ll never be pulled over and asked to take a field sobriety test – but if this unlucky event happens to you, keep the above tips in mind.

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