Reader’s Question:

Is it true that even sober people would fail the field sobriety tests if they try to take it? All of the people I know here in Palm Beach, Florida who have been arrested for DUI have failed these tests.

Renzie

Palm Beach, FL

There are a lot of field sobriety tests that are being used by police officers to various extents, including those in Palm Beach, Florida. Known to DUI lawyers and most officers as FST’s, these roadside tests are basically a series of exercises created to test coordination, divided attention (an individual’s capability to perform two actions simultaneously) and balance. The most popular FST’s are the horizontal gaze nystagmus test (watching an object moving only your eyes), walk-and-turn, one-leg-stand, fingers to thumb, finger-to-nose, alphabet recitation and hand-pat.

One very important thing to know is that these tests have been scientifically disputed several times. And yes, it is true that even sober people would often have difficulty, thus failing these tests. One more thing is that to “pass” the tests is to be determined by the officer’s better judgment which means that it would be a subjective judgment. The popular public doesn’t seem to know that these tests are not legally mandatory. Aside from possibly irritating the police officer, a motorist could opt not to take a test without any legal consequence.

Tags: DUI, DUI lawyer, field sobriety tests