First, you need to know that while the police will ask you to perform the Field Sobriety Tests, yo are not under any obligation to do the test. You may simply inform the officers that you will not take the tests because they are designed to make you fail. For many years the accuracy of these tests has been challenged in numerous scientific studies. Even if you think you will easily pass tests, there is no need to take them.

Nationally, one of the most widely used field “tests” is reciting the alphabet. The Police will instruct you to say the alphabet, “Not sing the alphabet”. However, since we as a country learn the ABC’s by singing it, many people cannot accurately recite the ABC’s without putting it to the same tune we learned it in. Therefore, this test is challengeable and is not an accurate reflection of your ability to operate a vehicle or a determinative method of proving your BAC,

Another popular test the police use is called the “Head Tilt Test.” For this test, the police must properly advise you to hold your head back with your eyes closed, place both arms stretched out and touch your nose with your forefinger. The officer should then proceed to demonstrate the test to you so that you understand what is expected of you. Occasionally, the officer may also ask you to bend over at the waist and have your arms hang in front of you. This is not a good predictor of your ability to operate a vehicle or a good predictor of your BAC. If you have back problems, injured your leg or foot, are older, are overweight, have balancing or vertigo problems, stressed, weaving long heals, or even normal, unless you walk everyday with your head back and your eyes closed, you are not likely to do well on these tests. These tests are designed to induce you to sway, and consequently, fail the test. These tests induce you to sway. That is exactly what they are designed to do.

Counting on your fingers in a complicated pattern is another popular test the police use. It is interesting to note that the police sometimes have difficultly demonstrating the test.

1. Typically, the first tests the police use is called the One Leg Stand. Provided that the police properly instructed you on how to do the test and demonstrated the test to you, the One Leg Stand has a 65% reliability of predicting if a person’s BAC is 0.10% or greater. However, all of the proper instructions must be given to you for the test to be reliable. You must be advised of the following statement, and the officer must demonstrate as he is instructing you:

1. Stand with your feet together and your arms at your side.
2. Keep that position until you are told to begin.
3. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
4. When told to start, raise either leg approximately 6 inches off the ground with your foot pointed out.
5. Keep both legs straight, arms at side.
6. Count 1,001, 1,002 etc. until told to stop.
7. Keep your arms at side and keep watching raised foot.
8. The officer must again ask if you understand the instructions and receive an acknowledgement from you that you do.
9. The officer will then start the test.
10. The test can last no more than 30 seconds of actual time.

There are four scoring factors for the one leg stand test:

1. Sways while balancing.
2. Arms for balance.
3. Hopping.
4. Puts foot down.

If you put your foot down three or more times, you are considered to have reached a “decision point” on the testing.

If you stop at any point during the testing, you should be given the opportunity to resume the testing.
2. THE WALK AND TURN TEST
The next standardized test is the Walk and Turn Test. According ti the NHTB, the walk and turn has a 68% reliability of predicting that a person’s BAC is 0.10% or greater provided That you were properly instructed,. All of the proper instructions must be given to you for the test to be reliable. You must be told the following, and the officer must physically demonstrate the test as he is instructing you:

1. Place your left foot on the line.
2. Place your right foot on the line ahead of your left foot, with the heel of your right foot against toe of your left foot.
3. Keep your arms to your side.
4. Keep this position until you are told to begin.
5. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
6. When told to start, take 9 heel-to-toe steps, turn, and take 9 heel-to-toe steps back.
7. When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot.
8. While walking, keep arms at side, watch feet at all times, and count steps out loud.
9. Once you start, don’t stop until test is completed.
10. The officer must ask if you understand the instructions and receive an acknowledgement from you that you do.
11. Begin the test and count first step from the heel-to-toe as “one”.

The police use eight (8) scoring factors to determine your ability to complete the Walk and Turn test:

1. Cannot keep balance while listening to instructions.
2. Starting before instructions are finished.
3. Stopping while walking.
4. Did not touch heel-to-toe (more than 1/2 inch on any step).
5. Stepped off line.
6. Used arms for balance.
7. Improper turn.
8. Incorrect number of steps.

3. The third standardized test is called the Horizontal Gaze Nystagmus (HGN) Test and is not submissible as reliable evidence in every jurisdiction. Proving that you were properly instructed, the Horizontal Gaze Nystagmus has a 77% reliability of predicting that a person’s BAC is 0.10% or greater.

In order to complete this test successfully. The police must you must advise you of the following:

1. I am going to check your eyes.
2. Keep your head still and follow this stimulus with your eyes only.
3. Keep following the stimulus with your eyes until I tell you to stop.

The police use six (6) scoring factors for the HGN test. One for each eye:

1. The Lack of Smooth Pursuit – The eyes “bounce” as they follow a smoothly moving stimulus.
2. Distinct Nystagmus at Maximum Deviation – Distinct Nystagmus is evident when the eye is held at maximum deviation for a minimum of four seconds.
3. Onset of Nystagmus Prior to 45 Degrees – They are looking for the point at which the eye is first seen jerking.

Not all field sobriety tests are reliable nor have any real scientific validity. Many factors can influence the outcome. Age, weight, mental and physical challenges, uneven pavement, dangerous conditions, tiredness, confusion, ability to understand English, and the like can make the tests unreliable. Additionally, the testing should be done on a well-lighted, dry, flat, hard, non-slippery surface with sufficient room to perform the tests. Often, the side of the road are sloped for water run-off or may be uneven for many reasons or may have broken pavement. This would affect the outcome of the tests.