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Most people eagerly agree to take a field sobriety test after being pulled over for suspicion of DUI because they think they'll beat a charge if they're cooperative. In actuality, this couldn't be further from the truth. What do you really accomplish when you submit to a field sobriety test? You give the officer evidence that can end in a serious DUI charge.

Field sobriety tests (also called FSTs) are voluntary in Washington State. (Most people don't realize that either.) You don't have to submit to a field sobriety test and Garvey Law Offices doesn't recommend it -- EVER. Field sobriety tests aren't a foolproof way to determine intoxication as many healthy, robust people 100% sober have difficulty passing them.

Legitimate Seattle Field Sobriety Tests

While there are many types of field sobriety tests (including the Finger to Nose, Backwards ABCs, Rhomberg Balance, and more), The National Highway Traffic Safety Administration (NHTSA) only approves three for use in Seattle: The Walk and Turn, One Leg Stand, and Horizontal Gaze Nystagmus Test.

All of these tests are meant to test a driver's "divided attention," meaning being able to focus on more than one thing at a time. Since driving takes divided attention to steer, signal, navigate, and break, the theory behind this test is that if you have impaired divided attention, you are driving while impaired.

• The Walk and Turn Test - This test isn't just about walking and turning, it's also about whether or not you can follow directions while walking and turning. You walk heel to toe for nine steps in a straight line with your arms by your side, turn on one foot, and take nine more heel to toe steps in the same straight line back where you started. It sounds easy enough, but it's actually pretty difficult to maintain your balance, especially when you're nervous. Things an officer will count against you on this test include starting before hearing all of the instructions, being unable to balance, not fully touching heel to toe when taking steps, not moving in a straight line, using your arms to balance, not turning smoothly, and taking an incorrect number of steps.
  
  
• The One Leg Stand Test - This test involves standing with one foot six inches off the ground while you count aloud for 30 seconds (in thousands) with your arms by your side. For example, standing on your right foot with your left foot raised six inches while you count aloud "one one-thousand, two one-thousand, three one-thousand, four one-thousand..." and so forth for 30 seconds until the officer tells you to stop. Again, this is another test difficult for even healthy people 100% sober. Things an officer will count against you on this test include using your arms to balance, hopping or swaying to balance, placing your foot down, starting the test or stopping the best before the officer's signal, and failing to correctly understand the instructions.
  
  
• The Horizontal Gaze Nystagmus Test - This test measures your ability to track an object with your eyes at different angles to judge whether you have control of your eyes. Since experts believe intoxication affects the brain's ability to control the eye muscles, as you follow an officer's finger with your eye without moving your head any involuntary jerking or bouncing of your eyeballs, especially when looking to the side, will result in failing this field sobriety test.

The Drawback To Refusing A FST

You'll probably be arrested if you refuse to submit to a field sobriety test. While you may be tempted to take a field sobriety test to try to avoid an arrest, DON'T! Keep in mind that the officer is already investigating you for driving while intoxicated and even if you submit, you'll probably be arrested anyway -- AND you'll have handed the officer evidence he can use against you on a silver platter!

Garvey Law Advises You To:

1. POLITELY and RESPECTFULLY refuse a field sobriety test
2. Go along CALMLY and COOPERATIVELY with an officer that arrests you
3. Don't talk to ANYONE until you CALL US.

We fight to win.