If a police officer pulls you over in Wisconsin on suspicion of operating while intoxicated (OWI), they may request that you perform a field sobriety test. These tests aim to evaluate your coordination, balance, and ability to follow instructions. Law enforcement uses them to determine whether there is enough evidence to make an OWI arrest.
Many drivers, however, are unaware of their rights during this process. Understanding these tests and your legal options can help you make informed decisions if you ever find yourself in this situation.
What are field sobriety tests?
Field sobriety tests consist of a series of physical and cognitive tasks that attempt to gauge whether alcohol or drugs are impairing a driver. In Wisconsin, police can administer these tests any time they have a reasonable suspicion of an OWI.
Officers generally use three standardized tests:
- Horizontal gaze nystagmus (HGN): During this test, the officer moves an object, such as a pen, horizontally in front of your eyes and observes your eye movements. Jerky or involuntary movements could indicate impairment.
- Walk-and-turn: This test requires you to take nine heel-to-toe steps along a straight line, turn on one foot, and take nine steps back. The officer monitors your ability to balance and follow directions.
- One-leg stand: You must stand on one leg for about 30 seconds. The officer observes if you have any difficulty maintaining balance.
These tests have the purpose of revealing signs of intoxication. However, factors such as anxiety, fatigue, or underlying medical conditions can also affect your performance.
Do you have to take a field sobriety test?
In Wisconsin, you have no legal obligation to take a field sobriety test. These tests are voluntary, and refusing to participate does not violate any laws. However, declining to take the test may still influence the officer’s decision to arrest you based on other factors, such as slurred speech or the odor of alcohol.
It’s important to note that refusing a field sobriety test is not the same as refusing a chemical test, such as a breath alcohol test. Under Wisconsin’s implied consent law, refusing a chemical test after arrest can result in penalties such as a suspended license.
Knowing your rights and responsibilities in all circumstances is important. Staying calm and informed can help protect those rights if an officer stops you for a suspected OWI.
