A sobriety test is for those drivers who are pulled over for and variety of reasons including weaving or just driving too slow. An officer will tell you you have to take a test before you can resume your journey if at all.
What most people do not know is that these tests are optional. An officer more than likely will not tell you that you have the option to refuse. You can refuse the tests with no ill effects. However drivers take the following tests because they feel it’s expected, legal and they want to prove they have not been drinking whether they have been or not.
Nystagmus: An officer will use a pen or other object about twelve inches in front of a driver’s face, and move the object from side to side watching the driver’s eyes. If any jerking or trembling of the eyeball is seen the officer then assumes you are intoxicated.
Walk and Turn: Upon the officer’s request the driver is directed to walk a heel to toe line, turn and take nine steps back. This is a balance test and if the driver should sway or lose balance at the turn, then the driver is thought to be intoxicated.
Finger to Nose: The driver is told to put his finger to his nose with his eyes closed and if a the body should sway or the driver has any body tremors or the driver has any thing to say at all the the officer assumes the driver to be intoxicated.
The Rhomberg Balance Test: The driver is told to assume a position of attention and to close his eyes and tilt his head backwards and to count down thirty seconds. Any ability to stand still or the body sways and the driver makes any kind of comment during this thirty seconds it is assumed the driver’s internal clock is slow and this indicates the presence of alcohol or depressants.
PAS: A machine is used to determine the amount of alcohol consumed.
Other testing includes : finger tapping, hand clapping, counting backwards or saying the alphabet. These tests are supposedly designed to check the driver’s divided attention, a critical skill in operating a vehicle. In any case, there are those individuals who cannot perform these tests to the satisfaction of an officer and are charged with a DUI arrest.
A defense attorney is then required to deal with your sobrieity on the night in question and whether your rights of refusal were given to you.