Understanding Roadside Sobriety Tests: Can a Sober Driver Fail and How Does Disability Factor In?

When the question arises about whether a sober driver can fail a roadside sobriety test or if a driver with genuine mobility issues could be misidentified as intoxicated, the answer is yes, both can happen. However, understanding the nuances of these tests is crucial for drivers and law enforcement alike.

Significance of Roadside Sobriety Tests

The main purpose of roadside sobriety tests is to identify individuals who may be impaired by drugs or alcohol, posing a risk to themselves and others on the road. However, the tests cannot determine the level of impairment; they only signal to an officer that a person is sufficiently impaired to warrant further testing with breathalyzer or blood tests.

Distinguishing Between Physical Impairments and Intoxication

Physical impairments, such as those caused by medical conditions or disabilities, can make it challenging to perform certain tasks, just like being intoxicated. However, it is important to recognize the differences:

1. Brain Function During a Field Sobriety Test

The key factor in a field sobriety test is how the brain processes corrections. An intoxicated brain or one affected by other impairments struggles to make the necessary adjustments, which is what law enforcement officers look for. While brain injuries or medical conditions can impact certain aspects of cognitive function, they generally do not affect all the components of a field sobriety test equally.

Example: A person might be able to pass some parts of a field sobriety test if they have a brain injury but struggle with others. This is because different parts of the brain are involved in various tests.

2. Components of a Field Sobriety Test

A field sobriety test includes several components that help officers assess a person's state. These components include:

Proprioception: The body's awareness of its position in space. Nystagmus: Involuntary jerking of the eyes. Logic or thought process. Ability to follow directions.

Medical conditions or disabilities might affect some of these aspects but typically not all. For instance, a person with a neurological condition might struggle with balance and coordination but still have clear speech and logical thought.

3. Medications and Driving

Even if a person is taking a prescription medication exactly as directed, they can still be charged with a DUI if the medication impairs their ability to drive. Police officers do not differentiate between impairment caused by drugs, alcohol, or medical conditions; their focus is on public safety.

If a driver has a disability that impacts some of the test components but not all, they should consider discussing it with their healthcare provider to determine if it is safe for them to drive.

4. Observations and Identifications by Law Enforcement

Often, a trained officer can differentiate between a medical condition and intoxication based on the person's movements and responses during a field sobriety test. However, it is not always clear, and a breathalyzer test can help confirm the presence or absence of alcohol in the system.

There are instances where even first responders, such as EMTs, have noticed a difference. For example, an EMT observed the author’s movements and identified potential signs of a neurological condition before attributing them to intoxication. This highlights the importance of a trained eye in making accurate assessments.

What Should A Sober Driver Do?

If a driver suspects that the reason for their arrest is a medical condition rather than intoxication, they should request a breathalyzer to confirm their sobriety. However, it is important to remember that even if the test proves them sober, the fact that they failed the field sobriety test might still result in a traffic offense.

Communities need to be aware of the challenges faced by individuals with disabilities and encourage open discussions with healthcare providers to ensure the safe use of roadways. Proper education and awareness can help mitigate misunderstandings and provide clear guidelines for both drivers and law enforcement.