Were you given a legal roadside sobriety test for DUI?
Is the roadside sobriety test voluntary?
Many DUI defense attorneys advise their clients not to attempt any field sobriety tests. This is because the test is very difficult to perform. Even in the very best of circumstances these tests are easy to fail, and in fact they are designed with failure of the subject in mind.
These tests are frequently administered at night. In the nighttime, vision is less reliable than in the day light.
At nighttime people are often tired and exhausted and will perform poorly on any type of physical test.
Weather conditions affect physical performance. If the wind is blowing and it is raining and the walking surface is wet and slippery physical performance is degraded.
The commonly used field sobriety tests are the walk and turn test, the one leg stand test, and the horizontal glaze nystagmus test.
Scientific studies have shown that the reliability of these three tests, are no better than flipping a coin and guessing whether heads or tails will come up.