Sober Facts About Sobriety Testing

You know you are taking a risk if you drive after drinking, and most people understand the important of driving sober. In some instances, however, you may find yourself falsely arrested for driving under the influence. The testing methods used "in the field" have their own rules, guidelines and regulations that law enforcement personnel must abide by, and the chances to make a mistake when performing these tests during a roadside stop do exist. If you are now facing a criminal charge of driving under the influence after "failing" one the three main tests below, read on to learn more.

National Highway Traffic Safety Administration (NHTSA) Rules

This government agency, mostly known for ensuring the safely of our vehicles, also sets the standards for the three main field sobriety tests in use by law enforcement officers at the scene of a suspected dui/dwi stop. These three tests are:

1. Horizontal Gaze Nystagmus : Named after an actual low-vision eye condition that causes continuous, jerky eye movements, this test uses a pen (or other convenient object) to observe how well the eye follows the object. Those who are impaired show an increase in eye movement, particularly at certain angles and points. Unfortunately, there are several medical conditions that can influence the results of this test, including several vision disorders, wearing glasses or contact lenses and suffering from brain disorders.

2. Walk and Turn: This is the classic heel-to-toe test, and must be preformed on a flat surface. Needless to say, the sides of roads are not always flat. The suspect is told to place heel to toe and to walk in that manner for a certain number of steps forward, to make a turn and make the same movements back to the starting point in a certain number of steps. This test is meant to catch people who cannot balance well while walking in that manner as well as those who cannot seem to understand or follow the detailed directions. The chances of failing this test can be high for those who are already nervous, those who have poor balance, those who fail to understand the instructions due to a communications or language issue, or those with physical disabilities that prevent those types of movements.

3. One Leg Stand: A flat surface is also required for this test, where the suspect is asked to hold their foot up off the ground (usually about 6 inches, but sometimes this is not specified) for several seconds. Anyone with leg, hip, back or balance problems will likely fail this test, even if no alcohol has been consumed.

Speak to a criminal defense attorney, such as Winstein, Kavensky & Cunningham, LLC., immediately for help in ensuring that your field sobriety test was administered in a manner that resulted in accurate test results.

 

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