Police officers pulling you over for the suspicion of drunk driving is the first step in a lengthy process. This usually starts with the officer talking to you to determine if there are any signs of impairment. If the officer notices anything, such as the smell of alcohol on your breath or open alcohol containers in the vehicle, they may take further steps to determine what’s going on.
In some cases, the police officer might ask you to take a field sobriety test. There are several options available for these, but there’s only one standardized field sobriety test (SFST). The SFST is a battery of three tests that are endorsed by the National Highway Traffic Safety Administration.
What are the 3 elements?
The three tests that are part of the SFST are the walk and turn, one-leg stand and horizontal gaze nystagmus tests. These tests are all done in the exact same way each time they’re given, which produces consistency. Because of this, the SFST is the only sobriety test that’s considered reliable enough to be admissible in court.
What happens if the SFST indicates impairment?
If the test indicates impairment, the police officer may arrest you; however, they also have the option of asking you to take a chemical test. The chemical tests can be done using breath, urine or blood. The result is known as the blood alcohol concentration. Results over .08% are considered legally impaired.
If the police officer has probable cause to believe that you’re drunk while driving, you will be arrested. You should carefully consider your defense strategy if this happens. Working with someone familiar with these charges may be beneficial since they can assist you with reviewing the defense options you have available.