We have all seen people on T.V. or in person who are trying to perform low grade gymnastics by walking in a perfectly straight line, or standing on one leg. These procedures are called the walk and turn, and the one legged stand tests, and two of the three battery of tests commonly referred to as field sobriety tests. If an officer asks you to submit to a field sobriety test, you should decline, and here is why.

First of all, in Illinois you are never required to submit to field sobriety tests, even though most police will not volunteer that information. They may request it in such a manner that you believe you have no choice, but you do,  and should politely decline. You may be arrested, but you will not have provided evidence against yourself. Even if you are sober, or a Russian gymnast, you would most likely fail at least one of these tests.

The most important reason not to submit to any field sobriety tests is  that it they are very difficult to complete successfully, even for people who are not drunk. For example, in the walk and turn test there are nine clues that officers look for when they conduct a walk and turn test, to determine if the subject is under the influence of alcohol. As you can see below, most people begin to fail the test even before they have begun. These clues are:

Cannot keep balance while listening to the instructions.

1. Starts before the instructions are finished. Somehow, every motorist I talk to has an “eager to please” attitude and will start the test too soon in an effort to be cooperative.
2. Stops while walking to steady self.
3. Does not touch heel-to-toe.
4. Steps off the line.
5. Uses arms to balance.
6. Loses balance while turning.
7. Incorrect number of steps.
8. Cannot do the test.

Any person who demonstrates two of these clues will be deemed to have failed the test. So if you start before the officer tells you to start, and you take eight steps instead of nine, you have failed the test and given the officer evidence against you at trial.

If you have been charged with driving under the influence, feel free to contact our office for a free consultation at Lauralaw.org.