If an officer in Virginia suspects that you are operating a vehicle under the influence of alcohol, they may pull you over. Afterwards, officers might ask you to step out of the vehicle and request you take part in a series of field sobriety tests, which help them determine whether or not you are sober. There are three standardized tests that officers might ask you to do if they pull you over.
What are the three standardized field sobriety tests?
In Virginia, driving under the influence of alcohol, drugs or a combination of the two is against the law. If an officer arrests you for DUI, you consent to chemical testing by default due to implied consent laws. However, before arresting you, officers may request field sobriety tests to help them determine your sobriety. Such tests include:
- Walk-and-Turn: You take nine heel-to-toe steps, all while heading in a straight line, before pivoting and repeating the steps on the way back.
- Horizontal Gaze Nystagmus: The officer watches your eyes for involuntary jerking as you follow the motion of an object, such as a pen or a flashlight.
- One-Leg Stand: You must balance on one leg for 30 seconds while counting upwards starting from 1,000.
However, field sobriety tests are not foolproof. Road conditions, lighting, footwear, injuries and anxiety can affect your performance, which has the potential to lead to false positives. A chemical test taken after arrest often carries more weight, yet the roadside tests often drive the arrest decision.
Can officers use non-standardized tests?
Virginia officers sometimes use non-standard tests to check your coordination and mental processing. These tests can vary depending on the agency and the training officers receive, though these tend to hold less validity in court as evidence in comparison to standard tests. Common examples of non-standard tests include reciting the alphabet backwards or counting backwards from 100.
Are you allowed to refuse a field sobriety test?
Field sobriety tests are voluntary in Virginia, which means it is possible to refuse them. However, there may be consequences for doing so. For example, an officer might become more suspicious of you, which can make them more likely to arrest you under suspicion of driving under the influence.
Despite this, you will not face legal penalties such as license suspensions for refusing to take a field sobriety test. On the other hand, chemical tests are mandatory due to implied consent laws, and refusal means facing a license suspension.
Field sobriety tests help officers determine whether or not you have broken the law by driving under the influence. Despite this, the tests themselves are not entirely foolproof because external factors can affect your results. With this in mind, it is important to remember your rights regarding field sobriety tests as these tests are voluntary.
