A trained law enforcement officer is always on the lookout for someone driving under the influence. At certain times of the night every traffic stop is a DUI investigation.

However, an officer needs more than a mere hunch that a driver is under the influence in order to make a traffic stop. The circumstances surrounding a traffic stop always require investigation.

Often there is some minor infraction that is the basis for a vehicle stop. Of course, after the stop, the officer will notice an “odor of alcohol” and then seek to “investigate” using field sobriety tests. While being respectful and polite to law enforcement officers is important, you should know that there is no legal obligation to take the field sobriety tests. Furthermore, officers regularly scare drivers into taking the tests by threatening loss of license or jail, contrary to their responsibilities under the law. [California Vehicle Code § 23612]

Good honest people think that the tests will have value to show that they were not under the influence. They want to prove they are innocent. They also want to demonstrate that they are cooperative and respectful of law enforcement. However the tests are not constructed to prove drivers are sober, rather they are designed only to provide clues indicating guilt.

There are two types of field sobriety tests - those that are standardized and scientifically validated, and those that are non-standardized. The standardized tests are designed to be performed the same way, according to the standardized proper procedures, and have theoretically been scientifically correlated to indicate impairment by alcohol. These tests were designed by the National Highway Traffic Safety Administration (NHTSA) and consist of the Horizontal Gaze Nystagmus (HGN) Test, the Walk and Turn Test, and the One Leg Stand Test.

The information and procedure for each, according to the NHTSA Manual:

Other non-standardized field sobriety tests include the Finger to Nose, the Hand Pat, the Alphabet, the Finger Count, and the Rhomberg Balance test.

The Horizontal Gaze Nystagmus Test: Fraudulent Science in the American Courts

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