Did you know that Field Sobriety tests, or Roadside field sobriety tests, are entirely voluntary? Did you know that you had the right to refuse those tests, including the Portable Breath Test? Likely, the officer did not tell you that you had the right to refuse to do any roadside test.

The tests usually consist of three physical tests: the “eye” test known as the Horizontal Gaze Nystagmus; the Walk and Turn test, and the One leg Stand. Sometimes the officer administers other physical tests such as having you say your “ABC’s” or counting your fingertips, placing your finger to your nose, and others.

Once you have performed these tests, the officer makes a subjective decision as to whether there are enough “clues” to provide probable cause to arrest.

The officers’ training manual requires that the officer use standardized elements when these tests are performed and that if any one of the standardized criteria are altered, the validity of the results of the tests can be compromised.

Furthermore, officers often do not follow the required protocol when they administer the Portable Breath test, but they base a decision to arrest on the results of that test. Since it is the officer’s subjective opinion of the degree of impairment that formed the basis for arrest, it is important that your lawyer know how that opinion gets formed and whether it is based on faulty procedure.

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