What are Field Sobriety Tests (FSTs)?
Field Sobriety Tests (FSTs) are a series of standardized tests designed to determine if someone is impaired by intoxicants. Typically three are given: The Horizontal Gaze Nystagmus (HGN) (an eye test), the Walk and Turn (WAT), and the One Legged Stand (OLS). The ability to perform these tests varies wildly from one person to the next, and your failure on one or even all of these tests does not mean that you are necessarily guilty of DUII. Many officers who want to keep up their stats for DUII arrests will rush through the instructions on these tests so you don’t understand exactly what you are supposed to do. They will then record your questions or mistakes as a “failure” or “clue” indicating impairment. It should also be noted that many officers simply don’t know how to properly administer the tests and record accurate observations. You have the right to refuse to perform the Field Sobriety Tests, but your refusal can be used against you later at trial.
