Field sobriety tests are one of the most controversial aspects of many South Florida DUI cases.  These “tests” are allegedly designed to measure how incapacitated a driver is due to alcohol, and whether or not they constitute a danger on the roads.  While well-intentioned, they are some of the most fallible, contestable, and inaccurate tests ever devised. 

Common field sobriety tests include:

• Divided attention tests, such as having you retrieve your license while asking you questions
• Writing the alphabet or saying it backward
• Hand clap tests, requiring you to count and increase your clapping speed
• The “Rhomb erg test,” or “modified position of attention”
• Touching your nose
• Standing on one leg
• Nystagmus, or following a pen or other object from side to side with only your eyes
• Walking a straight line and turning after a given number of steps
• Counting fingers

Problems with field sobriety tests
One of the most important things to remember about field sobriety tests is people not under the influence of drugs or alcohol can face problems passing them.  Furthermore, many scientific studies question the reliability of such tests. 

Some common problems that can negatively affect the outcome of your field sobriety test include:

• There is no measurable universal standard of performance; that is to say there is no objective way to determine whether a person is intoxicated, poorly-coordinated, or just clumsy.  A person’s natural faults shouldn’t send them to jail.
• There are some illnesses and other medical problems can affect balance and coordination.
• Test anxiety can cause a person to perform poorly as well.  Roadside sobriety tests often make people nervous, and the presence of a police officer and the threat of arrest can complicate even simple, routine actions.
• Most of the tests themselves such as hand pat, alphabet, and finger-to-nose have not been sufficiently tested to determine if they are accurate measures of intoxication.
• Size, age, and gender can affect mental clarity and coordination.
• Roadside conditions are rarely optimal for testing a nervous person’s poise: other people, cars driving past, the weather, the ground itself can all have adverse effects.
• There are specific ways these tests must be administered and evaluated in conformity with the standards of the National Highway Traffic Safety Administration (NHTSA), and these standards are rarely met on the side of the road.
• These tests use subjective interpretations rather than objective standards.
• The Federal government sponsored studies that have admitted there is no direct correlation between a particular performance on a standardized field sobriety test (SFST) with driving impairment.

Make the right choice and consult Essen, Essen, Charnota & Cohen, P.A., with your South Florida drunk driving DUI/DWI charge.  The decisions you make now will have long-lasting effects on your life, your freedom, and your reputation, so put our 50 years of nationwide experience to work for you. Contact us today.