The police may pull over a vehicle because they believe that the driver is drunk. Law enforcement typically cannot charge a driver for driving under the influence of drugs or alcohol on a hunch alone. The police may require a driver to perform various tests to prove that they are sober.
The National Highway Traffic Safety Administration has three types of field sobriety tests that drivers may be required to do during a traffic stop. These three field sobriety tests are:
Horizontal gaze nystagmus test
A horizontal gaze nystagmus test looks to see if a driver’s eyes are involuntarily moving more than usual, which could be a sign that a driver is inebriated. To do a horizontal gaze nystagmus test, the police may hold up a finger, pen or light and ask the driver to follow its movements without moving their head. When the object is moved side to side, the police may notice that the driver struggles to stay focused.
One-legged stand test
A one-legged stand test evaluates a driver’s ability to stay balanced. A driver may be asked by the police to lift one leg slightly off the ground for about half a minute. If the driver loses balance, puts their foot down too soon or uses their arms to balance, they could be inebriated.
Walk-and-turn test
A walk-and-turn test checks to see if a driver can follow simple instructions and stay balanced. The police may ask a driver to walk in a line. The driver may be asked to place one foot in front of the other heel-to-toe for several steps before turning around and repeating the process. Falling over, stepping out of line or failing to follow instructions could mean that a driver is drunk.
Field sobriety tests are not always accurate and there may be other reasons that explain why someone fails the tests.. Drivers may need to be aware of their legal rights and learn about their defense options if they are facing a drunk driving charge.