Standardized Field Sobriety Tests: What Are Police Looking For?

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If you have ever seen a movie or television show depicting drunk drivers, you may have seen police officers asking drivers to say the alphabet backwards, count fingers or touch their noses in order to help determine whether the driver is intoxicated. In reality, law enforcement officers will very rarely use those often-depicted tests because more reliable tests exist.

 

The three most common Standardized Field Sobriety Tests (SFST) that a police officer will likely ask you to perform if he or she suspects you of driving while impaired are: One Leg Stand, Walk and Turn, and Horizontal Gaze Nystagmus.

 

One Leg Stand

Officers will likely ask you to stand with one leg out in front of you – parallel to the ground—approximately six inches off the ground for nearly thirty seconds. While officers are giving you instructions for the test, you will be instructed to stand with your feet together, keep your arms at your side and listen to performance instructions.

 

During the performance part of the test, officers are looking to see if you exhibit any of the following four clues:

·      Swaying

·      Using your arms for balance

·      Hopping

·      Dropping your foot

 

Walk and Turn

Officers will also likely ask you to take nine heel-to-toe steps in a straight line, turn 180 degrees on one foot and repeat the steps in the opposite direction following either an actual or imaginary line. During this exercise, officers want you to watch your feet, count out loud and keep your hands at your side.

 

During the performance part of this test, officers are looking to see if you exhibit any of the following eight clues:

·      Starting the test too soon

·      Using hands for balance during the test

·      Not maintaining balance during instructions

·      Stepping off the line

·      Missing heel-to-toe by more than ½ inch

·      Incorrect turn

·      Wrong number of steps

·      Stopping the test early

 

Horizontal Gaze Nystagmus

Nystagmus is the involuntary jerking of the eyes that can be caused for a number of reasons, including alcohol impairment. Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye that occurs naturally as the eyes are rotated at high peripheral angles. Alcohol and certain other drugs can cause exaggerated HGN and trigger HGN at an angle of less than 45 degrees. Before the test an officer will check the subject for equal pupil size, resting nystagmus and equal tracking to rule out any medical condition that may render the test ineffective. An officer will then ask you to follow a stimulus that he or she will move from left to right and right to left while watching for certain clues. A common misconception is that officers look for you to follow the stimulus without head movement. Although officers will note that, it is not a clue they are specifically looking for.

 

While performing the test an officer will be looking for the following clues in each eye:

·      Lack of smooth pursuit (i.e. – jerking while following an object)

·      Nystagmus at maximum deviation

·      Nystagmus prior to 45 degrees

 

Each of these tests has defenses that you may want to explore with your DWI/DUI attorney. The attorneys at The Law Offices of Wiley Nickel have experience challenging the results of these tests, along with all other aspects of your DWI/DUI case. Contact our office at 919-585-1486 to speak with one of our experienced attorneys today about your options.

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Wiley Nickel

Wiley Nickel lives and works in Cary, North Carolina. In 1998, he graduated from Tulane University with a major in Political Science and a minor in History. After college Wiley went to work for Al Gore and travelled with the Vice President as part of his national advance staff. Following the Gore campaign he earned his law degree from the Pepperdine University School of Law in 2005. While in law school Wiley worked as a law clerk in the Ventura County District Attorney’s Office where he gained valuable criminal trial experience before taking and passing the California bar exam. His first job out of law school was for the Merced County District Attorney’s Office where he worked as a Deputy District Attorney with a focus on prosecuting DWI offenders. Wiley later joined the Law Offices of Joseph Uremovic where he focused on civil litigation and family law. When the opportunity came to join the Obama campaign in 2008 Wiley jumped at the chance. He spent three years travelling with President Obama as a member of his national advance team. In 2011 Wiley left his work for the White House to return to the practice of law. Wiley devotes the majority of his practice to the areas of criminal law, family law, traffic tickets and DMV issues. The Law Offices of Wiley Nickel was started with the goal of providing the best representation possible for all of his clients. Experienced, Compassionate, Aggressive Criminal Defense While defense attorney Wiley Nickel works as the primary attorney for all of his cases, he does have an associate attorney, a team of investigators, forensic consultants, and support staff to call on to help achieve the best possible result in every case. He limits his case load so that he can focus on providing the best possible legal defense to all of his clients. Every case is a top priority and the goal is to have your case dismissed with a focus on being able to expunge your charges at the end of the process. When he is not working, Wiley is an avid family man, distance runner and golfer. He loves North Carolina college sports and is hoping this is the year for Cam Newton and the Carolina Panthers. Wiley is licensed to practice law in North Carolina and California.