ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

What are field sobriety tests?

If the police observe you driving strangely or violating the rules of the road, they are permitted to stop your vehicle. If the police then smell alcohol on your breath or have other reason to believe you are driving while under the influence of alcohol or drugs, they have the right to ask you to take certain tests. The law refers to these as field sobriety tests. Every police department has its own preferred tests. Police may ask you to stand on one foot for a specified time or walk in a straight line. The police also may ask you to touch your nose with your index finger with your eyes closed and head back, and have you stare at a flashlight or a pen so that the officer can see how your eyes respond.

If you do not perform these field sobriety tests satisfactorily, the police will ask you to submit to a scientific test that shows how much (if any) alcohol is in your body. Many states will offer you one of three choices--give a blood sample, give a urine sample, or take a Breathalyzer test. The Breathalyzer test involves blowing into a balloon attached to a machine that measures the percentage of alcohol in your breath.