Field Sobriety Test Problems

There are many different warning signs that may give officers probable cause to issue a sobriety test. Swerving in the lane, sudden lane changes, and failure to use a turn signal while driving are all signs that a driver may not be cognizant of the the rules of the road. Other signs often include speeding, aggressive behavior, and unusual activity in the vehicle. If an officer suspects the driver may be intoxicated, he may choose to pull the person over under suspicion of drunk driving.

Field sobriety tests are often aimed at judging a person's level of sobriety through a series of tests meant to measure his or her cognitive ability, motor skills, and balance. Tests often include making an individual walk a straight line, balance on one foot, follow a light with their eyes, and recite the alphabet backwards. Failure to complete these tasks may give officers probable cause to make an arrest for DWI.

Unfortunately, some individuals argue that the tests are unfair or are designed for failure. They do not take into account outside factors that may cause a person to fail the tests, like physical and mental disabilities. For example, a person with poor eyesight or eye problems may fail "eye tests" without truly being intoxicated. Also, a person with leg problems or balance issues may fail a simple balance test when completely sober, making the test a poor calculator of alcohol consumption.

Other people may argue that the tests are too subjective, depending on the judgment of the officer's opinion of what is a failure or a pass. If the officer fails to conduct the test properly or does not give the right instructions to the driver, the test cannot be considered to be accurate.