DUI Field Sobriety Tests
If a driver is pulled over on suspicion of driving under the influence, the officer may ask him or her to perform several DUI field sobriety tests. These tests are used to establish probable cause for a drunk-driving arrest.While there are only three field sobriety tests that have been certified by the National Highway Traffic Safety Administration (NHTSA), there are many common field sobriety tests that may be administered.
The horizontal gaze nystagmus is one of the three standardized field sobriety tests. In order to administer the test, the officer will ask the driver to follow a stimulus, such as a pen light, with his or her eyes while keeping the head still. If the suspect’s eyes jerk excessively while watching the stimulus, it may be a sign that he or she is impaired.
The one-leg stand test is also a standardized test. To perform this test, the driver must stand on one leg with his or her hands by the side, while counting aloud.
The walk-and-turn test is the third standardized test. The driver must walk nine heel-to-toe steps on an imaginary line, pivot, and walk nine heel-to-toe steps back. During this test, the officer is looking for clues of intoxication such as inability to balance or follow directions.
Other common tests include reciting the alphabet, counting backwards, and the finger-to-nose test.
Not everyone is an ideal candidate for DUI field sobriety tests, however. Those who are over the age of 65, more than 50 pounds overweight, or have a physical condition that may affect performance should not take these tests. Women in high heels should also have the opportunity to remove their shoes before performing the test.
In addition, the tests must be administered in ideal conditions. For example, the surface should be firm, even, and not slippery. The test should not be administered on a dangerous curve or anywhere where the driver or officer could potentially be struck by traffic.
It is also important to note that, unlike breath tests, DUI field sobriety tests are entirely voluntary. If you refuse to take the field sobriety tests, you do not face additional penalties.
Have you recently been arrested and charged with drunk driving after failing DUI field sobriety tests? If so, you should contact an experienced DUI defense lawyer in your area as soon as possible.
