Most of us think about the old-school breathalyzer tests when we are asked what we know about drinking and driving tests (also called “sobriety tests”). We have no clue that one must do more than blow into a machine in order to demonstrate that they have not been drinking and are not a hazard to other drivers, passengers, vehicles, and property due to intoxication.
The most common drunk driving tests are used nationwide, and without any regard of race, gender, age, or past criminal history. Police officers who suspect that a driver is drunk will use these tests as a starting foundation for determining intoxication, as they are mostly non-standardized (unscientific), and will need to do a breathalyzer test, blood draw, or urine sample to know more.
Much like we see on the show “Cops,” police officers do, indeed, make people walk in a straight line, placing the heel of one foot directly ahead of the toes of the other. This is a standardized field sobriety test, and can be used in court. It’s officially called the “walk and turn.”
An example of a non-standardized test would be reciting the alphabet. Officers may not always use the entire alphabet to test; on occasion a smaller portion is sufficient.
Another popular non-standardized test includes counting backwards from one hundred. It normally takes fewer numbers than one would think to lose track and start reciting random numbers when one is drunk. In most cases, someone who has been drinking does not make it past the first dozen numbers or so.
One last example of a standardized test is the often seen one-leg stand. Although some say that there are medical conditions that prevent a person from completing this test, it is a common litmus test for determining the level of intoxication. A suspect balances on one foot, often with arms at their sides for a predetermined length of time.
Sobriety tests are just one tool that police officers have at their disposal to determine whether a driver has been drinking. Breathalyzer tests, blood tests, and urine tests are definitely more accurate, but can be hard to conduct while on the side of the road. Carrying that type of equipment would be bulky and unwieldy for the officer, not to mention the additional training that would be necessary in order to draw blood and read/test urine samples.
This information is provided solely for informational purposes and does not constitute legal advice.
William Bly of Nielsen and Bly is a lawyer practicing in the great state of Maine and spends a good portion of his practice on OUI cases. For further information, consider visiting the firm’s website at http://www.portlanddrunkdriving.com today.