What Are Field SObriety Tests and Should I refuse to Take THEM iF pulled over for DUI?

​When you are pulled over in Oregon on suspicion of DUI, the police will request that you perform a series of “field sobriety tests.” Their goal in asking you to do these “FST’s” is to determine if they have probable cause to make an arrest, and also to document any incriminating behavior that will strengthen the prosecution’s case.
 
Oftentimes, the officer will ask you to do these tests in a tone and manner that feels like you have little choice in the matter, so you may not be aware that these tests are actually voluntary.
 
Under Oregon law, you cannot be forced to take a FST, and you are free to refuse to submit to one when asked. Whether or not you should refuse, however, depends on the circumstances.
 
FST’s are comprised of three different tests: the horizontal gaze nystagmus (or HGN), the walk and turn, and the one-leg stand.

• The horizontal gaze nystagmas tests for smooth tracking as you follow an object with your eyes. The officer is looking for a lack of smooth pursuit.

• The walk and turn will require you to walk, heel-to-toe, in a straight line and then turn around and return. This tests for coordination and balance.

• The one-leg stand requires you to stand with legs straight and extend one leg out in front of you. You will be asked to count in successive numbers while you do this. The officer will be observing your balance and coordination and will be noting whether or not you put your foot down for balance or if you hop on your standing leg.

 
During all three of these tests, the officer will also be noting how well you can follow directions and your general disposition. If you are not cooperative or do not follow instructions, the officer will note that in his police report. The results of these tests will be included in the police report and will be used against you as evidence in court. Regardless of how well you think you will perform on these tests, keep in mind that these tests are highly subjective, and the success of your performance on them is left to the discretion of a police officer who already believes you are intoxicated and is looking for any evidence to support his suspicion. Clearly, there is an inherent bias in roadside tests that works against you.
 
In most instances, the field sobriety tests only provide the State with additional evidence against a defendant at trial. Just about any performance you give on these tests can be used as evidence against you.
 
Are you facing DUI charges and have questions about your arrest? Contact Oregon Criminal Defense attorney Casey Kovacic for DUI defense help in Hillsboro, Beaverton, Portland, Gresham, and throughout Multnomah, Washington and Clackamas County. Experienced in DUI defense, Mr. Kovacic will work hard to defend your rights in court.