Field sobriety tests are roadside physical tasks an officer uses to judge whether you might be impaired. They are far less reliable than most people assume, and sober people fail them all the time.
The three tests police in San Diego usually rely on are the horizontal gaze nystagmus test, where the officer watches your eyes follow a pen; the walk and turn test, where you take heel-to-toe steps along an imaginary line; and the one leg stand. Even under ideal conditions, studies behind these tests show they are wrong a meaningful share of the time. On the shoulder of a freeway at night, with traffic rushing past, uneven pavement, bad lighting, and an officer barking instructions, the odds of a clean performance drop fast.
Plenty of ordinary things cause a "fail" that has nothing to do with alcohol. Being nervous, tired, overweight, injured, over 65, or wearing the wrong shoes can all throw off your balance. Inner-ear problems and old knee or back injuries do too. The scoring also leaves a lot of room for the officer to read normal behavior as a sign of impairment.
Because the results are so subjective, they are one of the first things Joe Crudo looks at when reviewing a case. Weak field sobriety evidence can be challenged. Learn more about BAC defense or what to do after a DUI arrest.
This is general information, not legal advice, and every case is different. Call Crudo Law at (858) 622-7280 or visit /contact for a free, confidential consultation.