How will a field sobriety test be used in my DUI case?
If you’ve been arrested under suspicion of DUI, you probably were asked to do field sobriety exercises. That’s generally the first thing that law enforcement is going to ask you to do. So, what are field sobriety exercises? They are subjective tests based on the officer’s training and experience that will indicate whether or not you are impaired. These tests include:
- Standing on one foot, six inches off the ground for up to 30 seconds
- Walking in a straight line with a complicated turn on the roadside
- Putting your finger to your nose, tilting your head back, saying your alphabet
The one test that law enforcement seem to put a lot of credence in is called the Horizontal Gaze Nystagmus; it’s the eye pen test. Most people have seen it.
These tests are purely subjective. They are based on the officer looking at you, trying to determine if you are too intoxicated to drive.
Most people will perform field sobriety because they feel they have to. The short answer to that is you don’t have to perform field sobriety, even if an officer asks you to. If you do perform it, you’re giving them the evidence they need against you. Don’t do their job for them. If you’ve been arrested under suspicion of DUI, contact Flaherty Defense Firm today.