Are Field Sobriety Tests Reliable?
When you are stopped and the law enforcement officer says they suspect drunk driving or drugged driving, you might be asked to take what is known as a Standardized Field Sobriety Test (SFST). Regardless of whether you have consumed any alcohol or used any type of substance that could result in an impaired driving allegation, it is important to know that SFSTs are notoriously unreliable, and you do not have to agree to take one. To be absolutely clear, field sobriety tests are not the same thing as a breathalyzer test, and they are not administered after an arrest. Rather, SFSTs are administered so that the law enforcement officer who has stopped you can have probable cause to arrest you, and probable cause to perform a breathalyzer or other chemical test that you are not able to refuse (unless you want to incur the significant penalties associated with a refusal).
Our Colorado DUI defense attorneys can tell you more about field sobriety tests and why they are not reliable measures of intoxication.
Understanding the Different Types of Standardized Field Sobriety Tests in Colorado
There are three types of standardized field sobriety tests that have been classified by the National Highway Traffic Safety Administration (NHTSA) as SFSTs, and they are the types that can be administered by law enforcement officers in Colorado. Indeed, when law enforcement officers in Colorado go through impaired driving training, they are trained to administer SFSTs. These SFSTs include the following:
- Horizontal gaze nystagmus (or HGN), which is a SFST designed for the law enforcement officer to determine how well your eyes can track a pen light or a similar device, and whether any jerking pattern of your eyes suggests intoxication;
- Walk and turn, which is a SFST in which you are asked to quite literally walk in a line while counting and turn, which requires concentrating on multiple mental tasks at the same time, which is said to be able to determine whether you are intoxicated; and
- One leg stand, which is another SFST designed to determine if you can concentrate on multiple tasks at the same time by standing on one leg for an extended time and counting.
As you might imagine, there are multiple reasons aside from intoxication that a person could fail any one of these SFSTs.
You Can Refuse a Standardized Field Sobriety Tests
There are various medical reasons that a person can fail the HGN, and in some cases, even extensive consumption of caffeine can result in failing the HGN. There are also physical and medical reasons that people can fail the “walk and turn” or “one leg stand” SFSTs, as well, including medical condition, illness, and mobility issues. Training to administer them can also be defective, and SFSTs may not be administered in a manner that is likely to yield accurate results. In other words, you should never assume that these tests are reliable and that you should agree to take one without proper consideration.
Recognizing that SFSTs are often not reliable measures of intoxication, it is critical to understand that you are not required to submit to one. To be clear, you can refuse a SFST and will not incur a penalty. Colorado’s express consent law (also known as implied consent in other places) does not apply to these tests or at this point in the stage of being stopped on suspicion of a DUI or DWAI.
Contact a Denver DUI Defense Lawyer
If you have any questions, or if you need help defending against DUI or DWAI charges after submitting to a field sobriety test, it is important to remember that these tests often are not reliable and you can challenge them with help from our experienced Denver DUI defense lawyers at DeChant Law. Contact us today for assistance with your DUI/DWAI defense.
Sources:
post.colorado.gov/training/impaired-driving-training
nhtsa.gov/dwi-detection-and-standardized-field-sobriety-test-sfst-resources
