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How to Get Through a Field Sobriety Test

Posted by Christopher Martens | Feb 01, 2024 | 0 Comments

How to Get Through a Field Sobriety Test

Standardized field sobriety tests are used by police officers to determine the sobriety of a driver. It is a crime to drive while impaired and it is a wise step to drive when all the alcohol has been drained from your system. If you drive while you are intoxicated, you will likely be identified by an officer of the law. The officer will test your breath using a breathalyzer and if the alcohol content in your blood is higher than 0.08 percent, it will be nearly impossible for you to pass the different field sobriety tests.

You need to know that when you apply for a driving license, you agree to a certain requirement known as the ‘Implied Consent.' According to Implied Consent, you accept that you will undergo a breathalyzer test or a blood or urine test if an officer of law stops you on the suspicion that you are driving while intoxicated. 

You normally sign on this statement, and so are legally obliged to take the tests. Moreover, it is also stated in the Implied Consent that if you reject taking these tests,  you will be penalized. The penalty includes the suspension of your driver's license and acquiring a few penalty points on the driving license. The duration of the penalty and the number of penalty points vary from state to state. 

However, normally the driving license of a drunk driver is suspended for about twelve months and he gets two points on his license. Moreover, this refusal is also mentioned on your driver's record for the state for a certain number of years. In most states, this number is five.

So, if you are driving while intoxicated, you won't be able to fool the officer and be let off by rejecting the tests. However, if you are firm on getting through without taking the tests, you can try the following tips and tricks. 

  • Passing the First Phase: You should know that an officer of the law decides whether or not he should arrest you by analyzing three important phases. In  Phase  One,  he observes you driving your automobile. If you notice a police vehicle switch on its siren or lights, then you must safely pull over your car. You must not stop at an unsafe spot, or stop suddenly, or bring your car to a halt too slowly as all these behaviors show that you are intoxicated. Moreover, you must rest your hands at your car's steering wheel peacefully and wait for the officer to approach
  • Passing the Second Phase: In the Second Phase, the officer will converse with you, listen to you talk, try to smell alcohol on your breath, and will evaluate your appearance and dexterity. To become successful in this phase, you must keep all the essential documents including your insurance in a place that is easy to reach. Try to breathe at a little distance from the officer. Always keep Listerine strip or gum with you, so you can chew them to conceal your bad
  • Pass the Third Phase: If the officer is unable to smell alcohol on your breath, he will ask you to exit your car, so that he can administer some field sobriety tests. While stepping out of your vehicle, be very careful and take each step cautiously without losing your balance. Try remaining silent until spoken to, so you can avoid

The officer will demand you undergo a field sobriety test. These include walk and turn, one-leg stand, and horizontal gaze Nystagmus tests. In the first test, the officer will closely examine you for tripping and whether or not you require the support of your arms and hands to maintain your balance. He will also notice if you start the test before he completes his instructions. You must try to not make any of these mistakes

In the second test, you will be examined for hopping, swaying, balancing by using your arms, placing your raised foot on the ground, and grabbing things for support. If you don't do any of these things, you'll ace this test.

In the third test, the officer will observe whether or not there is Nystagmus in your eyes. This is an instinctive response, so it is not in your control. On failing this test, there is a good chance that you will be arrested.

  • Obey the Officer: You must obey the officer during the entire investigation and must not try to disobey him. If he wishes to search your car, but you have some booze in there, then it is best to politely refuse him. However, refusing to have your car searched is proof of intoxication, and if the officer comes across some evidence, he will use it against you in court. Moreover, you must respect him as well and politely talk to him. If you are rude or lose your temper, the officer will try his best to get you arrested.
  • Never Resist while Getting Arrested: If you fail all the tests and the officer decides to arrest you, make sure not to resist him. If you resist, you could land yourself in more trouble and the officer could press more charges against you. Allow the officer to handcuff you and drive you down to the station. Never try to assault the officer as it is a bigger crime than
  • Recitation of Miranda Rights: If the officer decides to take you under his custody, you must make sure that he reads you your Miranda Rights. If he does not do that, your attorney can use this information against the officer's report during your trial.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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