| You must understand why the cop wants you to take the field sobriety tests. Field sobriety tests are a series of physical and mental tests the cop gives a driver to establish probable cause for arrest. That is, the sole purpose of the tests is to give the cop reason to arrest you, and to help the cop prove that you were driving drunk. Look at it this way: let's say the cop stops you for speeding. He comes over to the car, and asks for your license and registration. He can smell the alcohol on your breath, your eyes are glassy and bloodshot, and your speech is slurred a little (that's right, you just had to start talking to the cop: "what'd I do, officer?" or "I wasn't doin' nothin' "). If that were all that was needed to arrest you, he would just do it. But it's not. He needs more evidence. So he asks you whether you have been drinking. You say "yes officer, I had two beers." Guess what, you just confessed to drinking and then driving. Still not enough, but it will be used against you in court. Now the cop tells you to get out of the car, which you must do. He may have observed you stumble or sway while you were getting out of the car. Still not enough evidence, or he would quit. Now he "asks" you to do the field sobriety tests. You are at a cross roads. You are not required to do it, but you feel compelled to do it by the way the cop told you to do it. But by doing it you give the cop documented evidence of your level of intoxication (he fills out a form showing how well you did on the test) that the judges give great weight to. But these tests are humiliating and difficult to do even while sober. Some of the tests are:
If you arrested for drunk driving, you must take the breath test or lose your license for several months, and possibly be more severely punished. But you are not required to do the field sobriety tests, and there is a good argument for politely refusing to take them. They only serve to provide evidence against you. And they may be the only evidence against you, other than the cop smelling alcohol, noting red and glassy eyes, or slurred speech (which will always be in the cop's report). The field sobriety tests are based on junk science. The observations of the officer with respect to how you did on these "tests" are admissible in court and, although the cop can't testify that you "passed" or "failed," they can testify as to what they saw you do, and is taken as God's own truth by the judge. If you do submit to the tests, they can be challenged in court. To be meaningful, the tests must be properly administered. Most cops are trained to use them, but they do not always do it right. Also, the conditions of the road, whether it was day or night, wet or dry, may have a bearing on the validity of the tests. Also, if you have any physical impairment that might make it difficult for you to perform the tests would be an explanation of poor performance. Your lawyer will know how to bring these things up and be able to cross-examine the cop to see whether he is qualified, and whether he did it right. Once the officer has determined that you may be intoxicated you will be arrested and taken to the station for the purpose of taking a breath test. |
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Willis & Henderson, P.A.
Attorneys at Law
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043
410-461-9400
Suite 210
Ellicott City, MD 21043
410-461-9400
DUI/DWI: The Field Sobriety Test