Field Sobriety Tests

If you have been pulled over, then it is important to understand what the requirements in Utah are for whether or not you will have to undergo a blood alcohol test or breath test. Our Salt Lake City, UT DUI lawyer is here to guide you through this process. Utah state law does require a mandatory blood alcohol test if the officer pulling you over has done so lawfully. Penalties exist for not taking this mandatory test. Those penalties generally mean that your license will be taken away anywhere from 1 – 3 years depending on if this is your first offense or a repeat offense.

The first thing to know is that, while many field sobriety tests have been created over the years, there are three which are considered “standard” because they are endorsed by the National Highway Traffic Safety Administration as reliable tools to indicate impairment (to be confirmed by breath or blood tests). The three standard field sobriety tests include:

  • The walk-and-turn: The officer has you walk heel to toe in a straight line, turn around, and come back in the opposite direction. The test measures balance, coordination and ability to follow instructions.
  • The one-leg stand: The officer has you stand on one foot and raise the other about six inches off the ground and hold it there for approximately 30 seconds. The test measures your ability to balance.
  • The horizontal gaze nystagmus: The officer has you follow a moving object (such as his finger or a pen) with your eyes. When anyone’s eyes move from side to side, they will involuntarily jerk at extreme peripheral angles. When someone is alcohol-impaired, that jerking occurs at shallower angles.

The Reliability of Field Sobriety Tests

Field sobriety tests are not reliable indicators that a person is impaired by alcohol or drugs. Some people can pass these tests when very intoxicated. Many others will fail when completely sober. Common reasons for failure include:

  • Poor balance and coordination due to a medical condition, poor health or old age
  • Being out of shape or obese, making it harder to perform these actions
  • Suffering from an eye disorder that would skew the results of the horizontal gaze nystagmus test
  • Being nervous
  • Struggling to take the test and listen to directions on the side of a busy road at night (which is when DUI stops frequently occur)
  • Poor instructions from the officer and subjective interpretation of the results (by the officer)

As you can see, these tests aren’t reliable indicators of impairment. But the reason they are used is simple: as a pretext to ask suspects to submit to a breath-alcohol or blood-alcohol test. The same officer who orders the test also administers it and interprets the results. You could fail a test simply because the officer wanted you to. And if you fail, the officer would then have probable cause to ask you to take a breathalyzer test.

Possible Legal Strategies For Defending Against DUIs

The primary reason for why it’s so important to hire an experienced DUI lawyer is that they are much likelier to identify discrepancies and issues with the case against you than you are. If we discover any of the following, we may be able to plead your case to a lesser charge or have your charge dismissed outright.

  • You were not read your Miranda rights at the time of your arrest.
  • A law enforcement officer lied or misled you into believing that your only legal option was to admit guilt for DUI whether or not you were actually DUI.
  • The chain of custody was broken for one or more pieces of evidence in the case against you. For example, if the blood sample for the blood alcohol test has possibly been tampered with, your DUI lawyer may be able to get the test results excluded from evidence and your case dismissed.
  • The law enforcement agency that arrested you did not allow you the opportunity to contact a DUI lawyer.
  • The law enforcement officer who pulled you over had no just or reasonable cause for doing so.

Contact Our Salt Lake City DUI Lawyer Today

If you have been charged with a DUI and are in need of legal assistance, our team is here to help you. Contact Rasmussen & Miner today to schedule a consultation.