Factors That Can Affect the Field Sobriety Tests Not Related to Alcohol Consumption
When law enforcement is investigating a possible DUI one of the pieces of evidence they use is the suspects performance on the standardized field sobriety tests. Typically during a DUI investigation the arresting officer will administer three standardized field sobriety tests. These tests are the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test.
Most Prosecutors and law enforcement officers believe if an individual performs poorly on these tests it is directly due to alcohol consumption and therefore they must have been impaired. However there are many factors that can affect the performance on these tests that Prosecutors and law enforcement officers completely ignore that are completely unrelated to alcohol impairment.
Age: The walk and turn test, and the one leg stand test are physical tests. They are exactly how they sound. Walking heel to toe, or standing on one leg for approximately 30 seconds. Obviously the older an individual is the less likely they will be able to physically perform these tests.
Weight: Overweight individuals can also perform poorly on these tests due to their weight and balance issues they may have.
Sleep deprivation: Studies have shown that individuals who have not slept in 24 hours will exhibit nystagmus at maximum deviation which is the third and fourth clue law enforcement looks for during the horizontal gaze nystagmus test.
Type of shoes: This may be common sense but if an individual is wearing high heel shoes or even flip flops these are not considered athletic footwear. Well guess what the one leg stand and walk and turn tests are. Tests of athleticism and balance.
Ability to understand English: All three of these standardized field sobriety tests involve lengthy instructions and demonstrations by the arresting officer. If English is a second language than an individual may not have the capabilities to fully understand the instructions and their performance can be mistaken for alcohol consumption if the tests are performed incorrectly.
Clothing: Imagine standing on the side of the road in December when it is snowing or raining outside. You are only in a tee shirt and jeans. The fact that you are not wearing clothes designed to be outside can affect your thinking as well as your memory when performing these tests.
Overall there are many factors that can cause an individual to perform poorly on these tests that are not alcohol related. This list is by no means exhaustive, but these are the most common causes of poor performance on the standardized field sobriety tests that are not alcohol related.
Matthew Leyba is a Seattle DUI Lawyer in Washington State. He represents those accused of DUI and other serious traffic offenses in his Seattle DUI Lawyer practice.
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