When a police officer pulls you over on suspicion of operating a vehicle under the influence (OVI), you may be asked to perform field sobriety tests. These voluntary tests typically help officers collect proof of impairment to support an OVI arrest. However, your clothing has the potential to affect your performance, which may lead to inaccurate results.
Why footwear matters during testing
Field sobriety tests such as the walk-and-turn and one-leg stand generally require steady balance and precise movements. If you happen to be wearing high heels, platform shoes, heavy boots or loose-fitting sandals, maintaining your balance becomes much more challenging regardless of sobriety. High heels are particularly problematic because they shift your center of gravity and make walking heel-to-toe extremely difficult.
Officers may allow you to remove your shoes, but performing these tests barefoot on cold pavement, gravel or uneven surfaces could cause complications. Your feet could become numb or uncomfortable, affecting your ability to complete the exercises successfully. Even appropriate footwear like athletic shoes could become slippery on wet or icy roads, affecting your performance.
What you wear can limit your movement
Beyond footwear, restrictive clothing can interfere with field sobriety test performance. Tight skirts, fitted dresses or stiff formal wear can prevent you from taking the necessary steps during the walk-and-turn test.
Heavy winter coats or bulky jackets could also throw off your balance during the one-leg stand. Similarly, tight jeans or dress pants can restrict the range of motion needed to follow instructions properly.
The standardized field sobriety tests were developed with the assumption that individuals wear typical casual clothing. When your clothing deviates from this standard, test results might not accurately measure your level of impairment. Officers conducting these tests may not always account for how your specific clothing choices affect your ability to perform.
Understanding your options
The National Highway Traffic Safety Administration (NHTSA) training manual recognizes that footwear and physical conditions vary. It specifically instructs officers to account for footwear like heels over two inches during the administration of tests. If you find yourself in this situation, you might consider informing the officer about any clothing limitations before beginning the tests. The officer should offer you the option to perform the test barefoot to maintain the standardized nature of the exercise.
Taking photographs of what you were wearing and your footwear shortly after the stop may also provide valuable context. Documentation and evidence of what you were wearing could help protect you in court.
Your vigilance could protect you from a wrongful OVI charge
Your clothing and footwear may create legitimate physical challenges that have nothing to do with impairment. Understanding how external factors affect field sobriety tests may help you recognize when you might face a wrongful OVI charge.