According to the Centers for Disease Control and Prevention, the annual cost of alcohol-related accidents totals more than $44 billion, with one death every 50 minutes due to an alcohol-impaired driver. To help combat intoxicated driving, law enforcement officers utilize a series of different Standardized Field Sobriety Tests (SFSTs) to determine if a driver is legally impaired. While these standardized tests oftentimes lead to charges of Driving Under the Influence (DUI) and result in a license suspension or arrest, you still have rights when it comes to submitting to field sobriety tests. Our expert DUI Lawyers in Wichita, Kansas, at the McConnell Law Firm, have detailed everything you need to know about field sobriety tests below!
Types of Field Sobriety Tests
Standardized Field Sobriety Tests (SFSTs) are a series of tests that law enforcement uses to judge your level of impairment if they suspect you of driving under the influence of drugs or alcohol. Not only do field sobriety tests give an officer additional opportunities to observe your level of impairment and determine if you are intoxicated beyond the legal limit of .08 percent, but these tests also provide law enforcement sufficient evidence to make an arrest and charge you with Driving Under the Influence (DUI). According to the National Highway Traffic Safety Administration (NHTSA), field sobriety tests should be composed of three different tests that assess coordination, balance, and the ability to concentrate on multiple tasks. These tests include:
One-Leg Stand Test
You’re probably familiar with the concept of a one-leg stand test as portrayed through movies and television. During this test, an officer will ask that you stand with one foot about six inches above the ground while counting in a prescribed manner until you are told to stop. While you are performing these activities, the officer will be looking for any clear signs of intoxication, including:
- Swaying
- Using your arms to help balance yourself
- Hopping to maintain balance
- Putting your foot on the ground
Walk-and-Turn Test
Similar to the one-leg stand test, the walk-and-turn test will help law enforcement decide if you exhibit any signs of evident intoxication. During this test, you will be asked to walk heel to toe in a straight line for a specific number of steps before turning in a particular manner and walking back. The officer will specifically look for the following signs:
- Beginning the test too soon
- Stopping in the middle of the test
- Not walking heel to toe
- Stepping off the line
- Turning improperly
- Taking the wrong number of steps
- Starting before instructions are finished
- Using arms to maintain balance
Horizontal Gaze Nystagmus (HGN) Test
While not admissible in the state of Kansas, the Horizontal Gaze Nystagmus test helps officers detect levels of intoxication through an involuntary jerking of the eye. During this task, an officer will ask you to follow a flashlight, pen, or another object with your eye as they move it slowly from side to side. During this process, they will be looking for the following behaviors:
- Not following the object smoothly with your eye
- If the eye jerking is distinct when at maximum deviation
- If there is an onset of nystagmus prior to 45 degrees
Can You Refuse Testing?
While officers may request that you perform a series of field sobriety tests after being stopped, you can actually refuse testing of any kind. The only thing you are required to do in the state of Kansas is to stop, follow all lawful orders such as turning off your vehicle and stepping outside if instructed, and provide law enforcement with your driver’s license, registration, and proof of insurance. Other than that, you are not required to do anything else, including speaking to the officer any further.
Additionally, you are not required to undergo a breathalyzer test and may politely decline by simply responding with “no.” Oftentimes, just shaking your head to indicate your refusal is a viable option as it does not allow officers the opportunity to smell any type of odor protruding from your breath. As long as you have not been driving all over the road and you are not slurring your speech, there will likely not be sufficient evidence for a conviction, but should you submit to testing and fail, you will be charged with a DUI and face the consequences attached to the charge.
“While many officers may try to persuade you to submit to testing and become upset should you refuse, it is in your best interest to not talk or give them any type of evidence against you,” said Jonathan W. McConnell, founding DUI lawyer in Wichita at the McConnell Law Firm. “An officer may arrest you after your initial refusal, but this does not mean that you will be convicted or face additional consequences of losing your license. You are better off getting arrested and booked before having the charges dismissed than trying to appease the officer and failing a field sobriety test, which would place you in jail with solid evidence against you.”
Have You Been Accused?
If you have been charged with a DUI or refused a field sobriety test, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a DUI lawyer in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
