Beating a Sobriety Test

The following information was recently removed from a website we've previously cited, Calwineries. It seems that their effort to educate people about field sobriety tests and how to pass them upset quite a few readers (and members of MADD, to be sure). Although we had only intended on providing a little of the information and linking to their entry for the full read, we have instead chosen to reproduce the information in full below for archival and educational purposes. Do not drive under the influence of anything including alcohol, drugs or even relationship difficulties!

"These tests are optional, and you have every right to deny the officer’s request; but they present a perfect opportunity to prove your sobriety. Unfortunately, if you make a few uncoordinated moves, you’re off to the station. A good way to pass is to know what you are up against. Here are some common Field Sobriety Tests, the signs of intoxication, and how to beat them.

Horizontal Gaze Nystagmus

Instructions: The officer positions an object 12 – 15 inches from the drivers face; then moves the object from side to side asking the driver to follow it with his or her eyes.

Signs of Intoxication: Involuntary jerking of the eyeball.

How to beat it: “The consumption of common substances such as caffeine, nicotine, or aspirin also leads to nystagmus almost identical to that caused by alcohol consumption.” (Pangman, Horizontal Gaze Nystagmus: 2 DWI J. 1, 3-4 [1987]). With this in mind, if you indicate that you drank coffee, an energy drink or smoked cigarettes, the Horizontal Gaze Nystagmus test is compromised.

Walk and Turn

Instructions: Take nine heel-to-toe steps along a line, turn, and take nine heel-to-toe steps back.

Signs of Intoxication: Loss of balance, inability to follow instructions, leaving space between heel and toe, stepping off line, loss of balance while turning.

How to beat it: The key to passing this test is not looking directly at your feet and the line. Instead, focus on a point on the ground 10 feet in front of you, while keeping your toes and the line in your peripheral vision. Keep your head inline with your spine (don’t lean forward), and concentrate on your center of mass. Make sure you take exactly nine steps. When turning, lift your heels and pivot around on the balls of your feet, then proceed back.

Standing on One Leg

Instructions: Stand with heels together, arms at side, then raise one leg six inches off the ground while counting until the officer instructs you to stop.

Signs of Intoxication: Arm movement, hopping, swaying, inability to stand still, putting the foot down, body tremors, muscle tension, and any statements made during the test.

How to beat it: Don’t talk to the officer. If you have to, answer questions with a “yes” or “no.” Keep your head inline with your spine, and lift your leg from the top of your thigh. Try to balance your weight on the heel and ball of your grounded foot, and focus on a spot on the ground ten feet in front of you.

Finger to Nose

Instructions: Place feet together, stand straight up with eyes closed, and bring your index finger to your nose.

Signs of Intoxication: Body sway, muscle tension, eyelid tremors, body tremors or any statements made to support a finding of intoxication.

How to beat it: Once again, do not talk to the officer. Stand as straight as you can, with your head inline with your body. Balance yourself before closing your eyes. Extend your arms straight out along your shoulder line, palms down. Without moving your arm, bend your elbow in a controlled movement bringing your index finger to your nose.

Rhomberg Balance Test

Instructions: Close eyes, tilt head back, and estimate 30 seconds.

Signs of Intoxication: : Inability to stand still, opening eyes to maintain balance, body or eyelid tremors, swaying, muscle tension or statements made during the test. The officer is also testing the internal clock (which is slow in the case of alcohol or depressants, or fast in the case of stimulants).

How to beat it: This test is all about your internal clock. To make sure that you are close to the time, you should use a trick to maintain your tempo, like “one one thousand, two one thousand,” or “one alligator, two alligator,” etc.

Other Field Sobriety Tests include finger tapping, hand clapping, counting backwards, or reciting the alphabet.