Imagine that an officer pulls you over for a routine traffic stop. Perhaps he or she suspects that you are under the influence of alcohol or perhaps he or she came to that suspicion after pulling you over. No matter why he or she has the suspicion, he or she plans to subject you to a sobriety test. When sober, you may automatically assume that you can pass it. This is not always the case.
According to Huffington Post, it is possible to fail the sobriety test when sober. If you fail the sobriety test, the officer will arrest you for a DUI. This can happen prior to a breathalyzer test. An officer can use the sobriety field test to determine drunkenness and never move on to the breathalyzer. Then, even if you clear yourself with the test later on, you still have a record for failing the test.
If you have an illness or if you do not have full mobility, you may fail the test. Often, police will ask you to walk and turn, do the horizontal gaze nystagmus and to stand on one leg. The one-legged-stand is impossible for those who cannot carry weight on one of their legs. Those who have balance issues or other disabilities may find the sobriety test difficult, if not impossible. In addition, some conditions may cause jerking eye movements that officers look for in the eye test. For those who have illnesses or physical disabilities, sobriety tests put them at an unfair disadvantage.
The above information is intended to be educational. It is not legal advice.
