Field Sobriety Tests

Law enforcement utilizes an arsenal of tools to gauge whether a subject is intoxicated, and to an extent, at what degree. The simplest way of determining this is through basic physical acts referred to as Field Sobriety Tests (FST). They are numerous and varied. Examples include: Stand on one leg, walk and turn, counting backwards, reciting alphabet, finger-to-nose, and Horizontal Gaze Nystagmus (HGN).

Of those FSTs three are used commonly and most widely accepted: HGN, walk and turn, and stand on one leg. For HGN the police officer will study the subject’s eyes while having them follow an object such as a pen. If the officer notices any deviation or difficulty following it smoothly, that is an indication of intoxication. Walk and turn requires the suspect to walk heel-to-toe in a straight line for usually 10 steps then execute a turn, and walk back. Tripping, going outside the line, and losing balance are all signs of intoxication. Stand on one leg simply requests the driver to stand on one leg. If they struggle to do so they may be penalized. Extending arms or lowering the other leg to preserve balance is all counted against the driver.

Unfortunately all of these tests expect a certain level of physical well-being for any accurate determination of blood alcohol level. As a result, these tests are open to scrutiny and the results can even be thrown out. Walking in the dark can be difficult enough without a police officer watching you and traffic going by. If you have the wrong shoes on, are overweight, or elderly that can complicate matters. Nystagmus is also a naturally occurring condition or can become pronounced as a result of prescriptions and a variety of other legal substances. It is something most accurately judged by an ophthalmologist rather than law enforcement.

Charged with DUI?

It seems like there are lawyers all over these days, so it may seem ok to just contact a general defense or family attorney to handle your DUI charge. DUI laws are complex and change regularly. It is also a serious charge. Whether you feel you were wrongfully accused, or just made a mistake, preserve your freedom by contacting a lawyer specializing in DUI law immediately.