DUI Roadside Tests

If you were stopped for DUI, you were most likely asked by the police officer to do a series of physical tests by the side of the road.  These DUI Roadside Tests are known as Field Sobriety Tests. You probably thought you passed them, but the officer told you you failed. Don’t worry – if the officer wants to arrest you for DUI, these tests are almost impossible to pass. Here are some reasons why:

  1.  Heel to Toe (Walk and Turn) Test – if you didn’t touch your heel to your toe once and then lifted your arms up more than six inches once – you just failed.
  2. One Leg Stand (Balancing Test) – if you raised your arms up from your sided by more than six inches, then, even after perfectly balancing for 25 seconds, put your foot down once and raised it again to finish the 30 seconds – you just failed.
  3. HGN Test (Eye Test) – on the day police stopped you, did you consume drinks with caffeine? Do you smoke (nicotine)? Were you sick and fatigued? Did you take benadryl or aspirin for your cold? Any of those can affect the results of the test.

Any of these factors determine whether you passed the test and whether the tests can be considered accurate. They can be challenged in a trial or possibly in a legal motion that might get the test results thrown out of court!

Remember, these tests were created decades ago by reviewing police tests for DUI across the country and  coming to the conclusion that three of them worked the best. They were later re-tested in some studies based out of Colorado, California and Florida. But, in the end, they never correlated driving ability to the tests – only blood alcohol concentration.

The bottom line is that you should contact our experienced DUI attorneys if you are charged with DUI – we know how to challenge the accuracy of the tests. Call us at (727) 372-3111.