Explaining the Preliminary Impairment Tests

Imagine walking a tightrope, but it’s not your balance on trial, it’s your sobriety. Welcome to the world of the Preliminary Impairment Tests (PITs), the roadside assessments used by law enforcement to gauge possible impairment due to alcohol or drugs. This article will illuminate the purpose, administration and legal implications of PITs, while addressing their limitations and your rights.

Understanding the Purpose of PITs

PITs (also called field assessment tests) aren’t just random tests; they’re specifically designed to help law enforcement professionals determine if a driver is under the influence of alcohol or drugs. These assessments play a crucial role in ensuring public safety by identifying potentially impaired drivers and removing them from the road.

PITs are not about penalising people but about safeguarding communities. They provide objective measures for assessing impairment, using scientifically-validated methods. The three standard tests—horizontal gaze nystagmus, walk-and-turn, and one-leg stand—are all meant to test balance, attention, and eye movements which can be affected by intoxication.

One important thing you need to understand about PITs is that they’re used to determine whether a driver is impaired in any way. Individuals under the influence of substances like alcohol and drugs are unfit to drive, hence dangerous. PITs are not used to find out how much above the drug driving limit someone’s levels are at. In a sense, this is a core test that may eventually lead to further testing.

The Standardised Tests

Only specifically trained law enforcement professionals can carry out PITs. Their role will be to assign a certain task to a driver and carefully observe performance/physical condition. If you’re ever pulled over for PITs, you’ll be subjected to standardised tests to address suspicions you may be driving under the influence.

Initially, a police officer will do an examination of the pupils. You’ll be asked to look straight ahead without closing your eyes. A gauge will be used to measure the dilation of the pupils. There’s a normal range for pupil size and an outlier may be indicative of drug use. A police officer will also look for unusual redness or the eyes being too watery. The second test, Walk-and-Turn (WAT), assesses your ability to complete tasks requiring strong mental focus and physical control simultaneously. You’ll walk heel-to-toe in a straight line before turning on one foot and returning in the same manner.

The Modified Romberg Test is often used to assess sobriety. You’ll be asked to stand up straight, your feet together and arms down by your sides. Next, you’ll have to slightly tilt your head back and close your eyes. You’ll be asked to count 30 seconds and let the police officer know when the time’s over. The test has been designed to assess both balance and one’s internal clock. Lastly, during the One-Leg Stand (OLS) test, you’re asked to stand with one foot approximately six inches off ground while counting aloud until told to stop. This test evaluates balance and concentration.

How PITs Are Administered

When officers suspect you’re under the influence, they’ll administer these standardised tests in a specific manner to evaluate your physical and cognitive abilities. There’s a very strict code of practice for PITs that police officers have to adhere to. They are also trained to observe for specific signs of impairment. Remember: these tests are subjective and results may vary based on individual health conditions or nervousness during testing. Depending on the outcome, a law enforcement professional may decide to arrest you on suspicions of drunk driving. At the police station, you’ll be asked to provide a sample (usually blood or urine) to get accurate information about an eventual impairment.

Limitations and Criticisms of PITs

There’s significant criticism surrounding PITs due to their inherent limitations. PITs are not fool-proof and can be subject to human error. The officer’s interpretation of your performance can be subjective, leading to potential unfairness or bias. This is particularly concerning for people with underlying health conditions, like neurological disorders or injuries that may affect balance or speech. Moreover, environmental factors such as poor lighting or uneven surfaces can also interfere with the results. Lastly, nerves and anxiety about being stopped by police could mimic signs of impairment.

Legal Implications of Failing PITs

Failing roadside assessments can have serious legal consequences. If you’re unable to perform PITs to a satisfactory standard, officers may suspect impairment and arrest you for driving under the influence (DUI). Following an arrest, you could face a range of penalties. At the very least, there may be imprisonment for up to three months, a 2,500-pound fine and a driving ban. If you’re ever arrested after failing PITs, do speak to an experienced legal representative. An attorney will acquaint themselves with the procedure, the way it’s been performed and the subsequent tests you’ve been subjected to. This information will help them determine what the best course of action under the circumstances is going to be.

Your Rights and PITs

It is your responsibility to cooperate with a law enforcement professional and complete PITs whenever you’re asked to do so. As a next step, you may be asked to do a breathalyser test or provide a blood sample. You can’t refuse sample provision unless you have a “reasonable excuse.” Certain medical conditions can be a reasonable excuse but in most cases, you’ll have to co-operate. Keep in mind that even if you pass PITs, you can still be taken to a police station and asked for a sample in the event of impairment suspicion. The best thing you can do for yourself and for others is to never drink and drive. Not only are there serious legal consequences, you could also be putting yourself and the lives of others in danger.

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