Field Sobriety Tests
Our DWI defense team members have each completed dozens of hours of DWI-focused legal training. They are familiar with the National Highway Traffic Safety Administration (NHTSA) guidelines for DUI detection and administration of the standardized field sobriety tests.
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Challenging Field Sobriety Test Evidence in DWI Cases
The NHTSA stands for the National Highway Traffic Safety Administration. It is a U.S. government agency under the Department of Transportation (DOT) that focuses on ensuring safety on the nation’s roadways.
Each test is designed to detect drivers who are impaired to the degree that it is unsafe for them to operate a vehicle. However, none of these tests are fool-proof. They do not provide scientific evidence, but rather depend largely on the subjective opinion of the testing officer.
Even if you are able to perform the Field Sobriety Tests well, it does not exonerate you from a DWI charge. Field sobriety tests may only be used as evidence against you. Because of this, it is usually better to refuse to take tests. The officer may still be able to arrest you, but you cannot suffer any legal consequence for refusing a field sobriety test (unlike chemical BAC tests).
Field Sobriety Tests: The Standardized NHTSA Test Battery
One Leg Stand Stands
In the One-Leg Stand test, a person is instructed to stand on one foot while raising the other foot approximately six inches off the ground. They must maintain this position while counting aloud for a specified duration, typically 30 seconds. The test assesses balance, coordination, and the ability to follow instructions. Factors such as swaying, hopping to maintain balance, or putting the foot down prematurely can indicate impairment.
Walk-and-Turn
The Walk-and-Turn test requires a person to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. During this test, they must walk heel-to-toe, keep their arms at their sides, and listen carefully to the officer’s instructions. The test evaluates balance, coordination, and the ability to follow directions. Deviations such as starting too soon, stepping off the line, or using arms for balance may suggest impairment.
Horizontal Gaze Nystagmus (HGN)
Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eyes as they gaze to the side. During the test, an officer uses a stimulus (such as a pen or flashlight) to observe the eyes as they move horizontally. The presence and degree of nystagmus and the angle at which it begins are indicators of alcohol or drug impairment. HGN is often considered one of the most reliable field sobriety tests for detecting impairment.
Our Lawyers know how to evaluate evidence for its strengths and weaknesses, and might be able to effectively challenge the test results in your case.
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If you were arrested for driving under the influence of alcohol or drugs during a sobriety checkpoint, please know that you may be able to avoid a conviction and/or loss of your driver’s license. You should hire a knowledgeable DWI attorney to examine the circumstances of the checkpoint, the evidence gathered, and the charges made in order to protect your rights and avoid a conviction.
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Charles E. Lampin
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