The Walk-and-Turn Test
The Walk-and-Turn Test is a standard field sobriety test administered during DUI stops and roadside investigations by police officers, intended to gauge unlawful intoxication levels accurately; however, like all such assessments it can sometimes yield inaccurate results, and an experienced DUI lawyer can uncover its flaws to use against the State during trial proceedings.
This test, known as a divided attention test, requires participants to shift their attention between physical (walking) and mental tasks (listening to instructions). While this task can be challenging for anyone, under the influence of alcohol or drugs it can become particularly challenging.
At the instruction phase of your test, an officer will ask you to stand in a heel-to-toe position with arms by your sides, before instructing you to take nine steps along a straight line and turn around. Officers are looking out for certain clues during this test such as missing heel to toe alignments, taking off-line steps or using arms as balance while turning wrongly.
Instructions to the test can be complex and confusing, leading to numerous ways for an intoxicated individual to make mistakes during this test even while sober. Your attorney can challenge its accuracy by showing that officer did not clearly explain or demonstrate instructions properly.
The One-Leg Stand Test
If you have ever witnessed someone struggling to stand on one leg by the side of a busy roadway while cars zoom past, chances are it has brought to mind drunk driving charges. Most people simply cannot hold their foot six inches off the ground for 30 seconds without dropping it; such tests are difficult no matter their state of sobriety and heavily depend upon an officer’s subjective assessment of your performance.
Police administering the one-leg stand test are looking for four markers when conducting it: involuntary eye movements known as nystagmus that could be worsened by alcohol and drugs; balance issues; swaying back and forth while trying to keep their foot raised; and an inability to maintain the position of their raised foot. Unfortunately, even under ideal conditions the One-Leg Stand Test only has a 65% accuracy rate.
An experienced DUI attorney can be of immense assistance when faced with the consequences of failing a one-leg stand test. There are various factors which may alter its results and your lawyer can use these to your advantage in court proceedings, including:
The Horizontal Gaze Nystagmus Test
Officers administering the test will place a pen or flashlight (they may use other terms to make the examination sound more scientific) 12-25 inches from your face and slightly above eye level, then ask you to follow it with your eyes while keeping your head still. He is looking for horizontal gaze nystagmus or lateral gaze nystagmus, an involuntary movement of your eyes due to disruption of vestibular system or oculomotor control due to alcohol or central nervous system depressants such as antidepressants that causes this jerking movement of eyes nystagmus.
Officers observing nystagmus typically conclude that you have a blood alcohol concentration of 0.08 or above and arrest you for DUI, though nystagmus could also be caused by medical conditions, eye diseases or medications; or by not following standard procedures when administering and scoring standard field sobriety tests. These factors could all impact results of such tests.
Understanding all versions of the NHTSA Standardized Field Sobriety Testing Manual is vital when defending a DUI case. A professional defense attorney knows how to challenge their results in court.
The One-Foot Stand Test
An officer will conduct the One-Foot Stand Test by having their suspect stand with feet together and arms at their sides, instructing them to raise one leg off of the ground approximately six inches while keeping it parallel to it and counting aloud as they do so. An officer can use four clues that indicate impairment: hopping, placing foot down again prematurely, losing balance, and incorrect counting.
Though the One-Foot Stand Test may appear straightforward, it can be challenging to pass successfully. It requires intense concentration and coordination from candidates; environmental factors like poor lighting, uneven testing surfaces, or bad weather often further compound this difficulty. Furthermore, people who become nervous during traffic stops or are otherwise unstable on their feet often have trouble passing this exam successfully.
If you have been charged with DUI and asked to complete field sobriety tests, it is essential that you remember these highly subjective assessments will be used against you in court. If an officer misinforms or uses an inferior testing surface during administration of these exams, this could compromise their reliability and lead to an erroneous conviction of DUI.