All criminal cases require proof and evidence to support the charges. For those arrested for driving under the influence (DUI), that evidence will likely consist of the results of your field sobriety tests. Many of those arrested fear the worst and fail to fight back. Read on to find out more about the three main tests and how wrong the results might be.
What to Know About These Tests
Used across the country, these tests have become the gold standard in field testing for impairment while operating a vehicle. The tests were created by the National Highway Traffic Safety Administration (NHTSA) and are valued by law enforcement for their simplicity. You will see, however, that simple is not always better when it comes to serious legal matters like a DUI.
Follow the Object – The horizontal gaze nystagmus is named after a real-life eye disorder that prevents victims from focusing. The result is jerky eye movements at certain points. The test subject is asked to focus on an object, such as a pen or a small light, and to follow the movements the officer makes without moving their heads. It seems simple but those who are impaired show jerking at certain points in the test. Unfortunately, those who are already saddled with vision problems will have problems performing this test as well.
Walk and Turn – This test is almost as much about following instructions as it is a test of balance. Those under the influence have a difficult time following the detailed instructions that include how to stand, how to walk, how many steps to take, and what to do when they reach that number. Unfortunately, those with language difficulties may also have a difficult time with the walk and turn.
Stand On One Leg – The one-legged stand is all about balance with the added burden of performing a complicated counting pattern. The subject is told to stand still with one leg raised a few inches off the ground while counting. Just as with the above two tests, this can be challenging not just for those under the influence of alcohol or drugs but for anyone with physical difficulties or neurological challenges. For example, those with weakness in the legs won't be able to hold that particular pose for very long.
Unfortunately, innocent people can and do get arrested every day when they fail these tests. Speak to a criminal defense attorney to find out more.
