Founder and managing partner of DUIHeroes, Jonathan Dichter, discusses field sobriety tests in the first iteration of his DUI Q&A series found on YouTube and across social media. Do you or do you not take a field sobriety test when asked by a police officer? In Washington State, the short answer is no. If you do not live in Washington State, please consult with a local attorney who is familiar with your jurisdiction's laws.
The standardized field sobriety tests: the horizontal gaze nystagmus test, the nine-step walk, and turn, the one-leg stand, were designed by the national highway traffic safety administration and are used by DUI officers in order to determine whether your ability to drive is affected by alcohol or drugs in an effort to arrest you for DUI.
In Washington State, these tests are voluntary and as such you don't have to do them and you shouldn't do them.
These tests are not fair tests they're designed to be failed.
I call them roadside gymnastics, they are not normal behavior.
And no matter how many times the officers tell you they just want to make sure that you're okay to drive to get you home safe that's not what's happening, they're looking for evidence of DUI.
So you should never do voluntary standardized field sobriety tests.
All you're doing is giving evidence against yourself.