Most people know what a test looks like. There are instructions, clear rules, and a passing score. Field sobriety tests can feel very different.
With that, you are standing on the side of the road with flashing lights behind you. An officer asks you to walk heel-to-toe, stand on one leg, or follow an object with your eyes.
For many drivers, this is not about whether they can complete the exercises; it is about being evaluated fairly in the first place.
If you have been asked to perform field sobriety tests in South Carolina, you may wonder how accurate these exercises really are and whether you can refuse them. Here is what you want to know.
What Are Field Sobriety Tests?
When law enforcement officers believe someone is impaired, they will use these roadside tests. Field sobriety tests can evaluate a driver’s balance, coordination, attention, and ability to follow instructions.
There are three standardized tests that are used by officers. They include:
- The Horizontal Gaze Nystagmus test
- The Walk-and-Turn test
- The One-Leg Stand test
These exercises help officers to see whether additional investigation or an arrest may be appropriate.
However, field sobriety tests do not measure blood alcohol concentration. They are only one part of a DUI investigation.
The Horizontal Gaze Nystagmus Test
During this test, an officer asks the driver to follow an object, like a pen or flashlight, with their eyes. With that, the officer looks for involuntary eye movements associated with alcohol impairment. However, there are several factors unrelated to alcohol that can affect eye movements, including:
- Certain medical conditions
- Fatigue
- Eye disorders
- Prescription medications
- Neurological conditions
Since drivers cannot evaluate their own performance during this test, this can become one of the more disputed aspects of DUI cases.
The Walk-and-Turn Test
The walk-and-turn test requires a driver to take several heel-to-toe steps, turn, and return in the same way. Officers will look for indicators, such as:
- Losing balance
- Missing heel-to-toe contact
- Stepping off the line
- Using arms for balance
- Turning improperly
While the test appears to be easy, roadside conditions can make performance difficult. Uneven pavement, poor lighting, uncomfortable footwear, physical limitations, and nervousness can affect an individual’s performance.
The One-Leg Stand Test
For this test, the driver has to stand on one foot while counting for a specific period of time. During this time, officers may note:
- Swaying
- Putting the foot down
- Using arms for balance
- Difficulty maintaining position
Many sober individuals can struggle to perform this exercise under stressful conditions. This can happen if they have balance issues, injuries, age-related limitations, or medical conditions.
Are Field Sobriety Tests Accurate?
While field sobriety tests can help officers identify possible impairment, they are not perfect. There are a few factors that can influence performance, including:
- Anxiety during the traffic stop
- Medical conditions
- Fatigue
- Weather conditions
- Poor lighting
- Uneven surfaces
- Physical disabilities
- Age or mobility limitations
Some people who have not consumed alcohol at all may have difficulty completing roadside exercises. This is why field sobriety tests are challenged in DUI cases. The accuracy of the tests may depend on whether they were administered properly and whether outside factors affected the driver’s performance.
Can You Refuse These Tests?
Drivers can refuse to perform field sobriety tests. These exercises are not chemical tests, and they are considered voluntary. On the other hand, refusing a chemical test under the implied consent law may lead to separate consequences.
Refusing a field sobriety test also does not prevent an arrest. An officer may still rely on other observations, including:
- Driving behavior
- Statements made by the driver
- The odor of alcohol
- Physical appearance
- Other evidence gathered during the stop
Your South Carolina DUI defense attorney can conduct a review of all the evidence to find the strengths and weaknesses of a case.
Your Rights During a DUI Investigation
Field sobriety tests in South Carolina play a major role in DUI investigations. However, they are only one piece of the picture. These tests have limitations. There are many factors unrelated to alcohol that may affect a person’s performance.
If you have been arrested for DUI, you want to protect your rights. At Truslow & Truslow PA, we can review these tests and help you with those next steps. Schedule a consultation today.