Field Sobriety Tests – Standardized and other

Standardized Field Sobriety Tests

See also DUI / OWI / DWI / Drunk Driving Stop in Wisconsin.

I am certified to administer field sobriety tests in Wisconsin; I’ve taken and passed the same training as the police officers in the field. There are three “standardized field sobriety tests” in use in Wisconsin. “Standardized” means that they have been tested as to reliability and accuracy by an authority. It doesn’t mean that they work. None of them is all that accurate or reliable! None have been validated for drug detection although officers often try to use them for that.

Here are videos of these three standardized tests. You’ll need a flashplayer add-in to your browser to see them.

Horizontal Gaze Nystagmus (you are getting very sleepy)

Walk and turn or heel-to-toe test

Non-Standardized Field Sobriety Tests

These can be anything, from saying the alphabet backwards, or part of the alphabet to what Steve Martin showed in the movie “The Man With Two Brains.”

Even many sober people can’t pass the standardized tests, much less those that are shown in this movie. If you have had to do any of these tests, sit down as soon as you can and make notes about the tests and conditions under which you were asked to take the tests. Remember that if your shoes are likely to cause you trouble you should ask if you can do the test without them.

Here is another comedic view of field sobriety tests. It illustrates the idea that something can seem very easy if you’ve been trained on it and practiced it. Not so easy for someone trying to follow instructions. I’ve been told by someone I respect that this is no more difficult than the standard tests – just a matter of following instructions. Right!

If you want to see the science (or lack thereof) behind these tests, you might want to see this Statistical Analysis. In the studies used to validate these tests, almost a third of the people officers decided to arrest based on the tests were under the legal limit.

I advise against taking these tests. You do not have to take them. They are designed for people to fail, even when sober. See  DUI / OWI / DWI / Drunk Driving Stop in Wisconsin – procedure. Note, our Court of Appeals says you can’t pass these tests.

For more thoughts on what goes into defending against one of these tickets see my page on how to beat a Wisconsin OWI / DUI / Drunk Driving Ticket. If you are looking at a third offense, see DUI / OWI Treatment Court Dane County Wisconsin.

General thoughts (and videos) on talking to the police and what to do when you are stopped and they want to search.