In Missouri, when a police officer stops you because they suspect drunk driving, you may be asked to perform field sobriety tests. However, these tests can produce inaccurate results under certain circumstances. Your clothing and footwear can affect how well you perform, even if you have not been drinking. Knowing this can help you understand your rights and options during a traffic stop.
What role does footwear play in sobriety tests?
Your shoes can greatly affect your performance on field sobriety tests, especially those that require balance and coordination. High heels, platform shoes, flip-flops or worn-out shoes with smooth soles can make it harder to stay steady during the tests.
Missouri officers often use the walk-and-turn test and the one-leg stand test. Both require balance while you perform specific movements. If you wear heels that are 2 inches or higher, you may have trouble completing the tests even when sober. Loose shoes or sandals can also slip off and influence your results.
How do other forms of clothing affect your performance?
Other clothing can also affect your performance. Tight clothing, such as pencil skirts or fitted pants, can restrict movement and make heel-to-toe steps harder. Long skirts or dresses may block your view of your feet and make it harder to judge distance.
Heavy coats and bulky jackets can affect your balance by shifting your center of gravity. Missouri winters often require multiple layers, which can restrict movement and make balancing more difficult.
What are your options?
If an officer asks you to perform field sobriety tests, you may want to mention any concerns you have about clothing or footwear. Some officers may let you remove your shoes or adjust restrictive clothing before the tests begin. Others may refuse or view the request as an attempt to avoid testing.
Officers receive training to consider clothing and footwear when evaluating test results. Even so, field sobriety tests remain subjective. An officer may still view poor performance as a sign of intoxication instead of a result of restrictive clothing or improper footwear.
It is also important to remember that you have the option to refuse to take the test. These exercises are voluntary. Unlike declining the official chemical blood or breath test administered after an arrest, saying no to a field sobriety test will not result in an automatic driver’s license suspension under Missouri’s implied consent law.
Your awareness can protect you from wrongful charges
Recognizing how clothing and footwear can impact field sobriety test results is an important consideration if you face DWI charges in Missouri. The subjective nature of field sobriety tests means that clothing and footwear can affect their results in ways that have nothing to do with intoxication.
If you believe your clothing or footwear unfairly affected your performance on field sobriety tests, this information may help you challenge your results. Evidence that clothing or footwear affected your performance may help strengthen your defense and protect your interests.