One of the things that most people know about being stopped for DUI is the field sobriety tests. The type of test given varies by jurisdiction, but a typical situation will include the one-legged stand, horizontal gaze nystagmus, and the walk-and-turn. These are the standardized tests, according to the National Highway Traffic Safety Administration (NHTSA). Police officers often include other non-standardized tests as well.

But the important thing to take out of this article is not what the field sobriety tests are. It is to know what the field sobriety tests are used for. You cannot “pass” the field sobriety tests, or at least you can’t pass in the traditional sense of what a test is used for. Field sobriety tests are simply used to determine whether you can drive safely.

Let me get a quick formality out of the way. This is not legal advice. It is merely information. If you need legal advice regarding a DUI or any other legal matter, then call an attorney licensed to practice in your jurisdiction.

While field sobriety tests are administered every day to determine whether people are too impaired to drive safely, they are inherently unfair. There are so many reasons, independent of alcohol, as to why a driver might perform poorly on these tests. What if the driver is tired? What if the driver is simply uncoordinated? What if the driver is distracted by something else in his or her life?

In addition to all the variables, these tests are usually performed at night under pressurized circumstances on the side of the road. Even the most sober person in the world will have trouble in this environment.

Lastly, the tests are subjective. They are judged solely by the police officer giving them. You might think you did perfectly well, and the police officer might say you failed. Who is the court going to believe? You got it – the officer.

As a DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI. This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.

Two more things to know about field sobriety tests. First, in most if not all jurisdictions, they are optional. That means when the officer asks you to take them, you can refuse. The officer already suspects you of DUI and if they are asking you to take the tests, you are most likely going to be arrested anyway. Why give them any more evidence?

Second, field sobriety tests are not science! They are not 100% accurate. Even if you take, and allegedly fail, the tests, your DUI attorney can still defend you in your DUI case.

If you need a DUI attorney in DC or Virginia, contact a DC DUI lawyer or Virginia DUI lawyer right away.