When officers conduct field sobriety tests during a traffic stop in Nebraska, they may evaluate your balance, coordination and ability to follow instructions. The type of footwear you wear may also affect your performance. High heels, loose sandals and other shoes can make some balance-based tasks more difficult, even when alcohol or drugs do not affect your abilities.
Understanding common field sobriety tests
Officers may use standardized tests to look for signs of impairment. The walk-and-turn test requires you to take nine heel-to-toe steps along a straight line, turn and take nine steps back. The one-leg stand requires you to balance on one foot while following instructions. Both tests require balance, coordination and attention.
Because these tests involve physical tasks, outside factors can affect how you perform them. Your footwear is one factor that may matter. So can the surface where you perform the test, weather conditions, physical limitations and other circumstances.
Why high heels make tests harder
High heels can make balance-based tests more difficult. The raised heel can change how your foot contacts the ground and may make it harder to stay steady. Stilettos and platform shoes may create additional challenges.
If you are wearing high heels during a traffic stop, you may ask whether you can remove them before performing a test. Whether an officer permits you to remove your shoes can depend on the circumstances. If your footwear affects your ability to complete a test, you may want to make the officer aware of the issue.
Other problematic footwear types
High heels are not the only footwear that may affect test performance. Flip-flops and loose sandals can provide less support and may move or slip while you walk. Boots with thick soles can change how your feet contact the ground. Shoes with unusual tread may also feel different on certain surfaces.
New shoes may cause problems if you are not used to wearing them. Worn shoes with uneven soles or poor tread can also affect your footing. Athletic shoes usually provide good support, but shoes that are too large, loose or poorly fitted may still make some tasks more difficult.
Your rights during roadside testing
Your physical condition and the conditions around you may affect how you perform field sobriety tests. Officers may consider factors such as the testing surface, weather and physical limitations when evaluating your performance. Footwear can be another relevant factor.
If your shoes make a test more difficult, you may want to explain the issue before or during the test. You can also make a note of the footwear you were wearing and any other conditions that affected your performance. These details may be useful when reviewing the circumstances of a traffic stop.
What to keep in mind
Footwear can affect balance and coordination during field sobriety tests. High heels, loose sandals, poorly fitted shoes and worn footwear may make some tasks more difficult. That does not necessarily mean poor performance resulted from impairment.
If you are involved in a traffic stop that includes field sobriety testing, consider the conditions surrounding the tests, including the shoes you were wearing, the surface where you performed them and any physical limitations you had at the time. These details can provide important context when evaluating what happened during the stop.
