Do Seniors Over 73 Need to Take Sobriety Tests if They Are Not Steady on Their Feet?

At 73 years old, maintaining balance can be challenging. When my wife and I tried to perform the step test in our living room while perfectly sober, we both struggled to maintain balance without swaying or using our arms for support. Where once such a task was effortless, it now poses a significant challenge. This raises the question of whether seniors over 73 should be subjected to sobriety tests if they are not steady on their feet, especially if they don't consume alcohol or drugs.

The Purpose and Validity of Sobriety Tests

Field sobriety tests (FSTs) are designed to determine if a person is impaired by alcohol or other substances. Common tests include the horizontal gaze nystagmus (HGN), the walk-and-turn test, and the one-leg stand test. These tests are intended to assess a driver's ability to perform coordinated movements, which can be a clear indication of intoxication. However, it's important to understand that these tests may not accurately reflect an older adult's situation.

Driving and Balance

Driving, particularly at higher speeds on freeways, involves different skills and reflexes than maintaining balance on one's feet. An elderly person may be perfectly capable of driving without impairment, even if they struggle with balance tests. The step test in question is a specific physical challenge that doesn't necessarily correlate with driving ability. If an elderly person cannot stand on one foot, they may still be able to drive safely, as long as they take necessary precautions and address any physical limitations.

Refusing Sobriety Tests

Law enforcement officers can administer sobriety tests if they suspect that a person is intoxicated. However, you have the right to refuse these tests and request a breathalyzer or blood test. Refusing a sobriety test doesn't mean you're automatically subject to arrest, and it's a strategy that should be considered if you don't feel you're impaired. If you refuse, you can also threaten to sue based on Americans with Disabilities Act (ADA) noncompliance. While this might not prevent you from undergoing a sobriety test initially, it can delay the process and provide you with an opportunity to request a more accurate test like a breathalyzer or blood test.

Field Sobriety Tests and Physical Limitations

Field sobriety tests are designed to assess balance and coordination, but they don't necessarily reflect an elderly person's overall ability to drive. The tests themselves do not involve climbing ladders or roofs, which are activities that most 73-year-olds wouldn't need to perform. While some seniors over 73 may have physical limitations, most should be able to complete the FSTs if they are sober.

Physical Conditions and Medications

Physical conditions and certain legal medications can cause difficulties in performing sobriety tests, even in a sober state. For example, conditions like Parkinson's disease, arthritis, or the side effects of some medications can impact balance and coordination. If an elderly person cannot complete the tests, they should inform the officer and explain their condition or medication. The officer may then choose to proceed with a more accurate blood alcohol test, which can provide a definitive reading of the person's alcohol levels.

The Role of Chemical Tests in DUI Cases

Field sobriety tests serve as a preliminary assessment to establish probable cause for an arrest. If you pass the chemical blood alcohol test, which is more accurate, you are not prosecuted. This means that even if an officer subjects you to the FSTs, if you subsequently pass the blood alcohol test, you will not face charges. The FSTs are not a definitive measure of impairment, but rather a tool used to build a case.

Driving Under Suspicion

You were likely pulled over by the officer due to suspicious driving behavior, which could include slurred speech, bloodshot eyes, or the odor of alcohol. The officer's decision to conduct sobriety tests is based on this behavior, not just on the FST results. Therefore, even if you can't pass the FSTs, it's important to remember that an accurate blood alcohol test can clear your name.

Conclusion

In conclusion, while seniors over 73 may struggle with balance tests, this does not necessarily mean they are impaired. Sobriety tests should not be used to suggest that an elderly person is not capable of driving. Legal protection exists to ensure that elderly drivers are not unfairly targeted. If you are over 73 and face a sobriety test, consider refusing it and requesting a more accurate chemical test. This approach can help protect your rights and ensure that you are treated fairly under the law.

Keywords: sobriety test, field sobriety test, balanced walking, aging population