Can a Sober Person Fail a Field Sobriety Test?
Field sobriety tests (FSTs) are often used by law enforcement to assess a person’s level of impairment, but the reality is that even sober individuals can fail these tests. Various factors unrelated to alcohol or drug use can affect performance, making it important to understand how to protect yourself if you fail one. Here, we’ll explore common questions about field sobriety tests, the factors that can lead to failure, and how to defend yourself if your sobriety is in question after a failed test.
What is a Field Sobriety Test?
A field sobriety test (FST) is a series of physical and cognitive tasks administered by law enforcement officers during traffic stops to assess whether a driver may be under the influence of alcohol or drugs. The most common FSTs include:
– The Horizontal Gaze Nystagmus (HGN) Test: This measures involuntary eye movements.
– The Walk-and-Turn Test: This assesses balance and the ability to follow instructions.
– The One-Leg Stand Test: This measures balance and coordination.
These tests are designed to detect impairment, but they are far from foolproof.
Can a Sober Person Fail a Field Sobriety Test?
Yes, a sober person can fail a field sobriety test. FSTs are highly subjective, and many factors unrelated to alcohol or drug use can cause someone to perform poorly. These include:
– Physical Conditions: Injuries, medical conditions, or physical disabilities can affect coordination, balance, or movement.
– Nervousness or Anxiety: A person who is nervous or anxious during a traffic stop may perform poorly due to stress rather than impairment.
– Environmental Factors: Uneven roads, poor lighting, or bad weather conditions can negatively affect performance during FSTs.
– Clothing or Footwear: Tight or uncomfortable clothing, or inappropriate footwear, like high heels or flip-flops, can make it difficult to perform the tasks as instructed.
Given these factors, it’s entirely possible for a sober person to fail a field sobriety test.
How Can You Prove Sobriety After Failing a Field Sobriety Test?
Failing a field sobriety test does not automatically mean you are guilty of driving under the influence. Here are ways you can prove your sobriety:
1. Request a Chemical Test
After failing a field sobriety test, you can request a breathalyzer, blood, or urine test to confirm your blood alcohol concentration (BAC). These tests are scientifically reliable and can provide hard evidence that you were not intoxicated at the time of the traffic stop. South Carolina law allows you to refuse these tests, but refusal can result in immediate penalties such as license suspension, even if you’re sober.
2. Document Physical or Medical Conditions
If you have any pre-existing medical conditions or physical limitations that could affect your ability to perform FSTs (e.g., vertigo, leg injuries, back pain, or neurological disorders), it’s important to inform the officer at the time of the test. Additionally, providing medical records that document your condition can help you contest the FST results later.
3. Gather Environmental Evidence
You can challenge the accuracy of the field sobriety test by noting the environmental conditions at the time of the test. If you were asked to perform the test on uneven ground, a poorly lit area, or in adverse weather conditions, take photographs or videos of the scene (if possible) to support your defense.
4. Challenge the Officer’s Observations
Field sobriety tests are subjective, meaning the officer’s interpretation of your performance can be questioned. A skilled defense attorney can review the dashcam or bodycam footage from the stop to determine if the officer made any errors in administering or interpreting the tests. Officers must follow specific procedures, and any deviation can help invalidate the test results.
5. Use Witness Testimony
If you were with a passenger or other witnesses at the time of the traffic stop, their testimony can help refute the officer’s claims. Witnesses can confirm your behavior, speech, and general demeanor before and after the stop to support your defense.
How Reliable Are Field Sobriety Tests in Court?
Field sobriety tests are not always reliable indicators of impairment and can be challenged in court. These tests are not scientifically accurate and are often used as preliminary assessments rather than definitive proof of intoxication. Furthermore, studies have shown that even the Standardized Field Sobriety Tests (SFSTs)—the three tests sanctioned by the National Highway Traffic Safety Administration (NHTSA)—have error rates.
Law enforcement officers may rely heavily on FSTs during DUI investigations, but an experienced defense attorney can raise doubts about their reliability by highlighting external factors, officer bias, or improper administration of the tests.
What Should I Do If I Fail a Field Sobriety Test?
If you fail a field sobriety test, it’s important to stay calm and follow these steps to protect your rights:
1. Remain Silent:
You have the right to remain silent and should avoid making any statements that could incriminate you.
2. Request a Chemical Test:
Ask for a breathalyzer, blood, or urine test to scientifically determine your BAC.
3. Contact an Attorney:
If you are arrested or charged with DUI, consult a criminal defense attorney immediately. They can review the circumstances of your arrest, the administration of the FST, and build a defense based on the available evidence.
Conclusion: Failing a Field Sobriety Test Doesn’t Mean You’re Guilty
Field sobriety tests are imperfect tools that can be influenced by numerous factors unrelated to alcohol or drugs. If you fail an FST, it doesn’t mean you are automatically guilty of DUI. By understanding your rights and taking the proper steps to prove your sobriety, you can challenge the results of the test and defend yourself in court.
At Thompson & Hiller Defense Firm, we specialize in defending individuals who have been wrongly accused based on unreliable field sobriety tests. Contact us today for a consultation and protect your rights.
