If you’ve been pulled over under suspicion of driving under the influence (DUI) in South Carolina, one of the first things you may be asked to do is perform a field sobriety test. These tests are designed to help law enforcement officers determine whether you are impaired by alcohol or drugs.
So, what happens if you fail a sobriety test? In South Carolina, failing a field sobriety test could lead to an arrest on DUI charges. However, it’s important to know that a failed test isn’t an automatic conviction. You may have valid grounds to challenge the results.
At Savage, Royall & Sheheen, LLP, we help people like you manage the confusion that comes after a traffic stop and failed sobriety test. Our experienced DUI defense attorneys are here to guide you through the process, offering a clear understanding of your rights and options.
What Is a Field Sobriety Test?
A field sobriety test is a series of physical and cognitive exercises that law enforcement officers use during traffic stops to help determine whether a driver may be under the influence of alcohol or drugs. These tests are typically conducted on the roadside and are designed to evaluate a person’s balance, coordination, attention, and ability to follow instructions.
There are three standardized field sobriety tests commonly used by police:
- The Horizontal Gaze Nystagmus (HGN) test
- The Walk-and-Turn test
- The One-Leg Stand test
During the HGN test, the officer observes the driver’s eyes as they follow a small object, like a pen or flashlight, looking for involuntary jerking of the eyes that can indicate impairment.
The Walk-and-Turn and One-Leg Stand tests require the driver to perform simple tasks involving balance and coordination while also listening to and following detailed instructions.
What Happens if You Fail a Sobriety Test in South Carolina?
A failed test gives the officer probable cause to arrest you on suspicion of driving under the influence (DUI). From there, you may be taken into custody, transported to the police station, and asked to submit to a chemical test, typically a breathalyzer, to measure your blood alcohol concentration (BAC).
If your BAC is above the legal limit of 0.08%, you could be formally charged with DUI. Even if your BAC is under the limit, a failed field sobriety test alone may still be used as evidence against you in court.
Failing a field sobriety test doesn’t automatically mean you’re guilty of DUI, but it often serves as a key piece of evidence in the officer’s report and court. It’s also important to understand that these tests are subjective. This means your performance is evaluated based on the officer’s judgment, not an objective score.
If you are charged with DUI, the legal and personal consequences can include license suspension, steep fines, mandatory alcohol education programs, increased insurance rates, and even jail time for repeat offenses.
Common Reasons People Fail Field Sobriety Tests
Here are some of the most common reasons people fail field sobriety tests in South Carolina:
Medical Conditions and Physical Limitations
Many medical issues can affect your balance, coordination, or ability to follow instructions. Inner ear problems, vertigo, back or leg injuries, or even recent surgeries can all contribute to poor performance. These conditions don’t always present obvious symptoms, which means the officer may not take them into account.
Age and Weight
Older adults or individuals with higher body weight may naturally have more difficulty with tasks that require balance or flexibility like standing on one leg or walking heel-to-toe.
Fatigue
Exhaustion can seriously impair your coordination and reaction time. Fatigue symptoms often mimic those of intoxication, such as swaying, slow speech, or difficulty focusing.
Improper Test Administration
If the officer fails to follow standardized procedures or skips important steps, the test results can become questionable and sometimes, inadmissible in court.
Do You Have to Take a Field Sobriety Test in South Carolina?
In South Carolina, you are not legally required to take a field sobriety test. While police officers may strongly encourage or even pressure you to comply, these roadside tests are voluntary.
Refusing a field sobriety test doesn’t guarantee that you won’t be arrested. Officers may rely on other observations, like the smell of alcohol, slurred speech, or erratic driving behavior, to establish probable cause. By not participating in the test, you limit the amount of potentially flawed evidence the prosecution can use against you later in court.
How a DUI Defense Lawyer Can Help
At Savage, Royall & Sheheen, LLP, we understand the high stakes involved in a DUI. Here’s how our experienced DUI attorney can help:
- Analyze the Details of the Stop and Arrest: We’ll comb through every detail of your case to make sure the law was followed.
- Challenge the Sobriety Test Results: We look at how the test was conducted, whether the officer was properly trained, and if your physical or medical condition may have influenced the results.
- Negotiate for Reduced Charges or Alternatives: We’ll work to negotiate a plea deal, reduced charges, or alternative sentencing options like alcohol education programs, especially for first-time offenders.
- Represent You in Court: We build strong cases backed by facts, expert analysis, and an understanding of the law.
Contact Our DUI Attorneys in South Carolina Today
If you did take the test and didn’t perform well, all hope is not lost. A DUI defense attorney can investigate how the test was conducted and whether your rights were respected. Just because you failed a field sobriety test doesn’t mean your case can’t be challenged or even dismissed.
Contact us at 803-432-4391 to schedule a consultation. We’re here to stand by your side every step of the way.