If a police officer in Yakima or Kittitas County pulls you over and suspects you've been drinking, there's a good chance they'll ask you to step out of the car and perform field sobriety tests. Most people assume these tests are simple pass/fail. They're not...and understanding how they actually work can make a real difference in your case.

The Three Standardized Tests

The National Highway Traffic Safety Administration (NHTSA) recognizes three standardized field sobriety tests:

1. Horizontal Gaze Nystagmus (HGN): The officer slowly moves a pen or light in front of your eyes and watches for involuntary jerking. Alcohol affects how smoothly your eyes track movement. But HGN can also be triggered by fatigue, certain medications, lighting conditions, or even a head injury — factors that have nothing to do with impairment.

2. Walk and Turn: You walk nine steps heel-to-toe in a straight line, turn in a specific way, and walk back. The officer scores you on eight separate "clues" — things like starting too soon, missing a heel-to-toe step, or using your arms for balance. One clue doesn't necessarily mean impairment. It might mean the surface was uneven, you were nervous, or you misunderstood the instructions.

3. One Leg Stand: You hold one foot about six inches off the ground and count aloud for 30 seconds. Again, officers look for specific clues. And again, factors like age, weight, fatigue, and uneven pavement can affect performance regardless of alcohol.

Why These Tests Aren't Foolproof

I'm ARIDE-certified (Advanced Roadside Impaired Driving Enforcement), which is the same training law enforcement uses to administer these tests. That means I know exactly what the officer is supposed to do, and I know when they don't do it right.

Common problems I look for: Did the officer demonstrate each test correctly? Was the surface level and well-lit? Were you wearing heels or boots? Did the officer properly explain the instructions? Were there any medical conditions noted?

If the officer didn't follow the standardized protocol, the test results can be challenged.

You Don't Have to Be Impaired to Fail

This is the part most people don't realize until it's too late. You can fail a field sobriety test while completely sober. Nerves alone affect performance significantly. Being stopped on the shoulder of a busy road at night, with a police officer watching your every move, is not a neutral test environment.

What to Do If You're Asked to Take These Tests

In Washington, you are not legally required to perform field sobriety tests. You can politely decline. That said, your refusal can still be noted in the police report and may be brought up later. This is a situation where the right call depends on your specific circumstances — which is why it's worth calling a DUI attorney as soon as possible after an arrest.

If you've been charged with DUI in Yakima County or Kittitas County, call my office for a free consultation: (509) 293-7593.