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Are Field Sobriety Tests Accurate In Raleigh, NC?

We recently discussed the admissibility of the Field Sobriety Tests (FST) commonly used at DUI checkpoints and traffic stops in North Carolina. These physical tests are administered in conjunction with a breath alcohol device that is intended to measure the amount of alcohol in your system.

In a word, no. Commonly used by police to determine intoxication, FSTs aren’t foolproof. Although FSTs are the norm, the decision of intoxication lies solely with the officer at the scene. The officer will use his or her own judgment, based on visuals, FSTs, and a breathalyzer to determine whether to complete an arrest based on an assessment of DUI.

What Are FSTs?

There are three standard Field Sobriety Tests that are used in Raleigh and nationwide after an officer has administered a breath or blood alcohol test:

  • A sad man in his red car after failing his field sobriety test in Raleigh, NC.The “Walk-And-Turn” Test, in which you’re asked to walk in a straight line, one foot in front of the other, for a specific number of steps. Your balance as well as your ability to remember the number is observed.
  • The “One Leg Stand” Test, in which you stand on one leg and count to 30, presumably for 30 seconds. The officer will observe to see if you can stand, or you use your arms, hop, sway, or put down your foot while trying to balance.
    • In both of these tests, factors such as age, fatigue, physical condition, injuries, and even uncomfortable shoes can make balancing difficult. Even sober, you may be ruled “intoxicated.”
  • The “Horizontal Gaze Nystagmus Test” (HGN), where the officer checks your eye movement while moving his finger or other object side to side.

Other non-standard tests that may be requested by an officer are reciting the alphabet backwards, putting your finger on the tip of your nose, and counting forward, then backwards. These are not scientific nor standard tests. They are not accurate for determining intoxication, and challenged in court if used to arrest you for DUI.

Challenging the FST Results

The protocols for these standard FSTs were developed in a laboratory under controlled conditions. If you’re being asked to perform them, it’s probably on the side of the road.

The FSTs were developed by the Southern California Research Institute (SCRI), which determined that these three tests were the most accurate for determining intoxication. Initially, their success rate was around 40%. Over time, SCRI standardized the testing so that it gave an 82% success rate. However, this number only reflects the ability to detect intoxication, not the ability to drive a car.

If a police officer stops you, even sober, you are already stressed. The likelihood of being able to perfectly stand on one foot for 30 seconds without wavering or holding up your arms for balance, then counting to 30 (or until told to stop) is very low. Yet this is one of the gold-standard “tests” for determining sobriety in a driver.

The established guidelines for administering the standard FSTs are not always precisely followed. Even correctly administered, the FSTs may inaccurately indicate intoxication. Police officers aren’t penalized for arresting an innocent individual, so they will make the arrest anyway.

As mentioned previously, other factors can inhibit someone’s ability to complete the FSTs. Even with a blood alcohol content (BAC) below the legal limit of 0.08, an officer may make an arrest for DUI based on how you perform when asked.

Results from FSTs are known to be subjective, and offices who incorrectly administer or evaluate will create an inaccurate decision. The results could then be challenged in court.

Defense For DUI And Inaccurate Field Sobriety Testing

Even if you’re 100% sober, FSTs don’t tell the whole story. An experienced DUI attorney can challenge the officer’s findings and request a dismissal of charges dismissed based on the inaccuracy of the FSTs.

Sober or not, a DUI charge is serious, and must be handled correctly to avoid more serious consequences. Dewey P. Brinkley is a Raleigh DUI defense attorney who can aggressively defend you against false DUI charges and protect your rights in court. Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.

Are Raleigh Field Sobriety Tests Admissible In Court?

Finding yourself pulled over by a police officer in Raleigh is bad enough. Now you’re being asked to take tests to prove that you’re sober. You know that these field sobriety tests are actually intended to prove that you’re inebriated. Maybe you are, maybe you aren’t, but you know that whatever happens, the tests will be brought to court. So, are they actually admissible?

Taking Or Not Taking Field Sobriety Tests

Raleigh field sobriety testsIn our blog from December, we discussed the three parts to Field Sobriety Tests (FST). They are:

  • The “Walk-And-Turn” Test
  • The “One Leg Stand” Test
  • The “Horizontal Gaze Nystagmus Test” (HGN)

Police perform these tests at a roadside stop or at DUI checkpoints when an officer has reason to believe you are driving intoxicated.

These Raleigh field sobriety tests were developed and perfected in a laboratory, but side-of-the-road testing may not always be as effective, or accurate.

The officer makes the arrest decision based on the way you perform on these tests as to whether you are “impaired.” But the same “clues” that tell a police officer that you are intoxicated can also be attributed to other factors. Medications, weather, the time of day or night, your physical condition, and other factors can contribute to “failing” standard FSTs.

For instance, if you were playing basketball earlier in the day and twisted your knee, you’ll likely have trouble with the first two tests, especially if your knee still hurts. Even if you’ve consumed no alcohol, the officer may declare you “intoxicated,” because you couldn’t walk exactly right or stand on one knee.

Fighting Back Against an FST

Raleigh, NC Field sobriety testing is admissible in court, if everything was conducted correctly and the officer correctly followed procedure. In many cases, however, they weren’t, and can be rendered inadmissible. A DUI defense attorney can challenge the results and the way they were taken, and have the results dismissed from the case.

If these roadside assessments were accurate more than 90% of the time, you probably wouldn’t be able to defend yourself in court, let alone have the charges dismissed. But Field Sobriety Tests aren’t always accurate, particularly when given at a roadside stop. Even sober drivers may not be able to pass an FST for reasons other than alcohol consumption and/or intoxication.

Research from the Southern California Research Institute shows that each of these tests are accurate less than 80% of the time. Police officers must also follow a procedure to properly administer an FST. If he or she fails to follow procedure, some or all of the collected evidence can be dismissed.

You can refuse to take FST, particularly if you have other conditions that would cause you to “fail” the test, such as an injury. Inform the officer that you are declining to take these tests because of their inaccuracy. He or she cannot take your license based on FST refusal.

However, your refusal can be a reason to arrest you anyway and require you to take a Breathalyzer or other chemical test for BAC (blood alcohol content). A refusal can also be used against you in court later (North Carolina General Statute § 20-139.1(f)), and the officer can claim that your refusal was due to a “guilty conscience,” because you knew that you were “intoxicated.”

Whichever choice you make, it’s important to be polite, and cooperate with the police officer’s requests.

Occasionally, officers may request you to attempt non-standard FSTs, including:

  • Reciting the alphabet, or reciting it backwards
  • Counting to a certain number, then counting backwards
  • Putting your finger to your nose

If you’re arrested based on failing these nonstandard roadside tests, a DUI defense attorney can have them dismissed.

As we mentioned in our last blog, refusing a FST is not the same as refusing a EC/IR-II Breathalyzer test, which will result in a 12 month suspension of your license. You may still be arrested for refusing FST, but you won’t lose your license as a result.

Call An Experienced DUI Attorney for Field Sobriety Testing

These roadside tests aren’t always accurate. You need an experienced DUI attorney who can work to have them dismissed, especially if they weren’t properly administered or yielded a false positive.

A Raleigh, NC DUI charge needs to be handled properly to avoid severe consequences—especially if you weren’t driving drunk. Dewey P. Brinkley is a Raleigh DUI defense attorney who can aggressively defend you and protect your rights in court, ensuring a fair trial.

Call the law offices of Dewey P. Brinkley today for a free initial consultation to discuss your DUI case at (919) 832-0307. You can also email us at dewey@deweypbrinkleylaw.com, or use our online contact form.