As complicated as the field sobriety tests are, can a person who has not been drinking pass them?  It really depends on the person and the circumstances.  Let’s set the scene.  The person being tested is on the side of the road (perhaps after an accident).  Cars could be whizzing by just a few feet away.  It could be nighttime, and the person could be exhausted after a long day.  Now imagine that that person is unexpectedly pulled over by a police officer, and is surprised when the officer requires them to step out of the car to perform some tests.

Now let’s start with the HGN test.  The officer essentially conducts an eye exam on the side of the road, as cars speed pass with blinding lights, and the lights on the police car, blare into the person’s eyes.  For some individuals, they have a natural nystagmous which the officer will interpret as a sign of impairment.

Next, the officer will have the person complete the Walk and Turn test.  This test has over ten instructions that the person must follow. Failing to follow each of the instructions are clues of impairment.  For instance, one of the most commonly failed parts of the test is starting before the test is supposed to begin.  There are numerous other ways to fail the tests, such as failing to touch heel to toe, failing to keep your hands down by your side,

After all of your attempts to follow the officer’s instructions, you will most likely fail at least one of the tests.  This is true for most people, even if they are sober.  So remember, whenever you are on the road, drive as carefully as possible, and do not get behind the wheel if you have had any alcohol.  Be safe.  Get home.