If you have been pulled over on suspicion of DUI in Missouri, you were probably asked to perform field sobriety tests. These are a series of tests designed to test your balance, coordination and memory.
The three standardized field sobriety tests from the National Highway Traffic Safety Administration are the nystagmus test, the one leg stand and the walk and turn.
What does each test involve?
The nystagmus test involves following an object with your eyes, usually a finger small beam of light the police officer holds up. You cannot move your head while following the object. The officer checks for jerky eye movement or head movement.
In the one leg stand, you are asked to raise a leg and start counting out loud until you are told to stop. You must keep your arms down the entire time.
The walk and turn test involves placing one foot in front of the other and walking nine steps heel-to-toe, then turning around and repeating the action. All these tests are also designed to measure your ability to follow directions.
Why you could fail even if you are sober
If you fail the tests, this provides police officers with probable cause to arrest you for DUI. The problem is that there are many reasons people fail field sobriety tests, even sober people.
Most people are nervous during a traffic stop, especially one for DUI. This can impact the exact areas that are tested: balance, coordination and memory.
Additionally, side effects from medication or an underlying medical condition might cause the same issues.
If it sounds like you are set up to fail the field sobriety test, that is because you are. However, Missouri law does not require you to take these tests. You can refuse them.
How to refuse field sobriety tests
Refusing them can be difficult. Police officers will not tell you that you have a right to refuse. It can be intimidating to say no to police officers. You might also want to take the tests, believing you can pass. Be polite and respectful but firmly refuse the tests.
The law does require you to submit to chemical testing if asked. This includes a blood, breath or urine test. Refusing a chemical test comes with legal penalties. But when it comes to field sobriety tests, you can just say no.