Field Sobriety Test

What is Involved in a SFST?

There are several different SFSTs. All of them were originally developed by the National Highway Traffic Safety Administration.

Horizontal Gaze Nystagmus Testing

Horizontal gaze nystagmus (HGN) refers to the involuntary eyeball jerking that normally occurs when anyone looks to the side. When someone is alcohol impaired, however, HGN can be very exaggerated and they often can’t visually follow a moving object easily.

The law enforcement officer conducting a HGN test follows the eyes of someone watching a pen or other object move slowly. They should be trained not to look for just one example of impairment, but at least three.

Walk and Turn Testing

It can be difficult for intoxicated people to walk in a straight line and turn. In a walk-and-turn test, the person’s ability to do that is examined. Their ability to listen to, comprehend, and follow simple instructions is also a subject of the test. The test includes instructions to, for example, take a certain number of steps in a straight line.

Law enforcement looks for specific signs of intoxication, including whether the person can keep their balance while listening to instructions, whether they need to stop or use their arms to keep their balance, whether they lose their balance while turning to retrace their steps in the opposite direction, and whether they take the number of steps they were asked to.

One Leg Stand Testing

People who are intoxicated, because their balance, coordination, and concentration are often affected, may find it difficult to stand on one leg. The one-leg stand test asks the person to stand on one foot while keeping the other foot roughly six inches off the ground. They are asked to do thousand counts (saying “one thousand one, one thousand two,” and so on) for 30 seconds while standing this way.

Law enforcement will look at several factors during the test, including whether the person sways, needs to use their arms for balance, needs to hop to remain standing, or puts their foot on the ground.

Officers may also ask for other types of FSTs, such as reciting the alphabet backwards.

Issues With the Tests

Unfortunately, the elements law enforcement officers are trained to see as signs of intoxication are not necessarily always caused by intoxication. People who have difficulty standing, for example, might have a number of medical conditions, including arthritis, artificial limbs, balance problems caused by inner ear issues, and more. Neurological conditions can cause eye impairments resembling HGN. Certain medications can also cause HGN issues, balance problems, and even difficulty concentrating on counting.

In addition, law enforcement officers are specifically trained on these tests. But an officer may lack experience, may not have administered the tests in a long while, or may simply not perform them correctly. The conclusions can be incorrect if any of these factors are present.

As a result, a SFST could put you on the road to a serious OWI charge with life-altering consequences, merely because of a medical condition or a pharmaceutical treatment prescribed by your doctor.

What Are Your Legal Rights At A Traffic Stop?

During a traffic stop in Michigan, understanding your rights can significantly influence the interaction and its outcome. One of the most critical rights you have is the right against self-incrimination, meaning you are not required to respond to questions that might incriminate you. It’s advisable to respectfully communicate that you decline to answer questions until you have consulted with a lawyer.

You always have the right to speak with an attorney, and it’s often wise to do so before providing any sort of testimony that could be used against you in court. If the situation allows, you should ask the officer if you can make a phone call to your lawyer. This request is generally permissible and can sometimes simplify the officer’s process.

Maintaining a polite demeanor is essential during these interactions. Staying calm and showing respect can help prevent the situation from escalating. While it might feel intimidating, keeping a level head and knowing your rights are key components in protecting yourself during a traffic stop.

Overall, until you have spoken to a lawyer and understand the full scope of your legal position, it’s best to withhold from answering potentially incriminating questions, such as inquiries about your alcohol consumption. By consulting with a lawyer, you can further ensure your responses are informed and protect your rights. Always remember that maintaining a polite demeanor and knowing your rights are your best tools during any legal interaction, including traffic stops.

Can I Refuse a SFST?

The bottom line on SFSTs in Michigan is simple. If law enforcement asks you to take one, you can refuse. Consent to these tests is not required by law. There is no “implied consent” to SFSTs. There are no penalties of any kind for refusing them.

Doing poorly on the tests or even failing them can be caused by factors other than drinking or drugging. Because of this, agreeing to them may mean that you open yourself to a charge and arrest you in no way deserve. Once you are charged and arrested, and authorities have what they believe to be evidence, you will have to mount a vigorous defense to be found innocent.

Your refusal should be polite and respectful to the law enforcement officer(s). Never argue with officers who are questioning you or have pulled you over.