Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Field Sobriety Tests
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- When a driver is stopped over for by a police officer on the suspicion of drunk driving, the law enforcement officer is expected to ask him/her to pass one or more field sobriety tests, in order to check whether a driver is under the influence of alcohol by evaluating the examination of mental and physical activities.
According to the National Highway Traffic Safety Administration (NHTSA), there are three tests which have been examined and labeled Standardized Field Sobriety Tests. These include the Walk and Turn, One Leg Stand and Horizontal Gaze Nystagmus.
1. Walk and Turn
The driver will be asked by the law enforcement officer to walk in a straight line, heel to toe, and then turn and walk the other way. This test is used to evaluate a driver’s balance and power to abide by directions.
2. One Leg Stand
The driver is aked to stand with one leg raised about 6 to 12 inches off the ground, while counting out loud, till the officer tells him/her to stop. This is done to measure the driver’s balance, coordination and power to apprehend the officer’s commands.
3. Horizontal Gaze Nystagmus
This test is carried out by having the driver follow a light or target with his or her eyes. If the driver has trouble following the object with his eyes, or the officer detects a side to side flicking motion in the eyes, then this is seen as a sign of intoxication.
These three standardized field sobriety tests have been thoroughly examined by the NHTSA, and according to them, they are not entirely accurate in determining whether a driver is under the influence of alcohol or drugs. Many other factors such as age, weight, physical injures, allergies, illness, weather, shoes and uneven road may also affect a driver’s performance on a field sobriety test.
Thus the results of the field sobriety tests are only to give the police officer an idea about the driver. To be sure, you will have to rely upon the blood test to find out the blood alcohol content to find out whether the driver was above the legal limit or not
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