Understanding Field Sobriety Tests in South Carolina DUI Cases

Police officers typically conduct field sobriety tests on individuals they suspect of driving under the influence. Standardized field sobriety testing normally involves a three-pronged evaluation. These include a horizontal gaze nystagmus, walk-and-turn, and one-legged stand tests. Field sobriety testing gauges a motorist’s coordination to discern if they are driving above the legal limit. In South Carolina, you are legally allowed to refuse to take a field sobriety test during a DUI traffic stop without penalty.

At Parker & Bain, LLC, we are committed to helping individuals know and understand their rights under the law. While you do have the right to refuse specific tests, other test refusals do come with legal consequences. If you have recently been pulled over for drunk driving, our Gaffney, SC, DUI lawyers would like to hear from you.

Reasonable Suspicion for a DUI Stop

Law enforcement is only permitted to pull someone over based on reasonable suspicion of a DUI. Suppose a police officer sees you swerving between lanes, making erratic lane changes, ignoring stop signs and traffic signals, driving too fast or slowly, or having trouble maintaining lane position. In that case, these are telltale signs that you are under the influence. Once you are stopped, the officer can evaluate whether you are showing physical signs of impairment, including slurred words, mumbled speech, or glossy eyes.

Standardized Field Sobriety Tests: A Brief Overview

One-Legged Stand

During this test, you will stand on one leg with the other hovering about six inches off the ground. You will be asked to start counting until the officer requests that you put your foot down. Swaying, hopping, or failing to maintain your balance are all signs of potential impairment.

Walk-and-Turn

During the walk-and-turn test, a police officer will ask you to take nine steps heel-to-toe in a straight line. You will then be asked to repeat the exercise, moving in the opposite direction—from inability to balance to inebriation.

Horizontal Gaze Nystagmus

You will be asked to follow a flashlight or an object, and the officer will move it from side to side. If your eyes have trouble following the object or the eyeball makes a “jerking” motion (referred to as nystagmus), this may be a sign of intoxication.

Can I Refuse to Take a Field Sobriety Test in Gaffney, SC?

SC Code 56-5-2953(A)(b) states that refusal to participate in a standardized field sobriety test (SFST) does not constitute disobeying a police officer’s orders. If you do decide to take an SFST, state law requires that the officer video record the test. Although an SFST is designed to catch those who have been drinking, individuals with certain medical conditions may fail certain sections, causing them to be falsely charged with a DUI. If you were sober and your test indicates that you were impaired, you must seek legal advice on how to proceed.

While you do have a legal right to refuse an SFST, the same does not apply to a breathalyzer. Under South Carolina’s implied consent law, refusing to take a breath test carries a six-month license suspension for first-time offenders. Given the chance of poor results, our legal team generally recommends that you choose not to participate in an SFST to provide the officer with as little ammunition as possible.

Reach Out to Our DUI Attorneys at Your Earliest Convenience

A DUI charge can be costly and time-consuming, with a conviction potentially depriving you of your freedom. At Parker & Bain, we believe that those accused of a crime deserve skilled representation for serious charges. Whether you have been falsely accused or failed to realize your level of impairment before getting behind the wheel, we are here to help. If you are interested in scheduling a consultation with one of our Gaffney, SC, DUI lawyers, contact us online or by phone at (864) 252-2650 today.