11.19.2011

Some Reasonable Reasons to Refuse DWI Field Sobriety Tests

Field sobriety tests are designed to trick you and for you to fail. They remain one of the most common ways police officers measure your level of intoxication according to DUI accident attorneys. If you find yourself in this unfortunate position, you should bear in mind that you don’t have to take the FST.


Why? Field Sobriety Tests remain an inaccurate measurement of sobriety and the results can be attributed to a variety of factors. These factors include weather, medications, the surface they are conducted on, and plain old anxiety.

This article courtesy of the accident lawyer experts at Accidents.com.

Here are some reasons that many people refuse a field sobriety test.

1) Results can vary dramatically – The results of an FST can vary depending on a variety of factors including:

• Extreme hot or cold temperatures, rain, snow, and wind

• Outside distractions like flashing lights and heavy traffic

• Unsuitable footwear like strappy sandals, boots, or big heels

• Uneven surfaces and slippery terrain

• Emotions from being pulled over, like frustration, nervousness, and anxiety

2) Tests can be inaccurate – According to the National Highway Traffic Safety Administration; several of the most popular FSTs are highly inaccurate. Take the walk-and-turn test for example. Even when administered perfectly, it only has a 68% accuracy rate.

Field sobriety tests also assume that each person is exactly the same – same height, same weight, and without disabilities or other sicknesses. This means that if the field sobriety test alone can convict people, nearly one in three people would be wrongly arrested.


3) Personal medical conditions can play a large role in the outcome – If you’re an individual who experiences inner ear problems; pain in your arms, feet, legs, or back; vision problems; etc., these can all play a role in the outcome of your tests, and will likely effect it negatively.


These reasons are just a few of the many why you should consider declining a cop’s request to perform a field sobriety test.

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