Selected To Super Lawyers: 2009 - 2012, 2014 - 2016
ATTORNEY: If you are asked to get out of a car and perform field sobriety tests, you need to remember one thing. You can refuse these tests. And your refusal cannot be used against you at any trial or at any hearing.
If you do take the test, the most commonly used field sobriety tests are the walk and turn and the one-leg stand. The walk and turn puts you in a ready position. They ask you to walk heel to toe out nine paces, turn in a certain fashion, and walk back nine paces, touching heel to toe on a designated white line.
The second test they'll ask you to perform is the one-leg stand. On that test, you're asked to stand with your arms at your sides, not to raise them, and to hold one foot in the air with your toe pointed out for a period of 30 seconds.
These tests are designed for people who have great balance and coordination. Do not be discouraged if you did not do these tests correctly. They are very difficult to do in any pressure-filled situation.
If you don't perform them correctly, all is not lost. Almost every case involves failing field sobriety tests. Yet despite that, we have over a 90% success rate on fighting these cases.