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:

  • The one-leg stand or the walk and turn, designed to test
    your balance and ability to follow verbal directions.

  • Alphabet or counting tests to determine whether you can
    think straight enough to count backwards or to recite the
    alphabet starting in the middle.

  • The horizontal gaze nystagmus test (HGN), a physiological
    test to detect intoxication by tracking telltale fluttering
    while your eyes follow a pen or other object.

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.
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
DUI/DWI: The Field Sobriety Test
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
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