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About Sobriety Tests
Toledo DUI Defense Attorney - Lawyer, serving
Northeast Ohio and Southwest Michigan in
DUI defense legal matters. Including DWI &
OWI.
 Law enforcement officers often give
individuals who they suspect of operating a motor vehicle while
under the influence of alcohol or drugs what is known as a
field
sobriety test. The results of these tests or exercises are completely subjective in grading to determine if you are impaired,
and by some, considered exercises of an abnormal nature. It is the
arresting officers discretion that determines whether or not you have passed or failed
the field sobriety exercises. If you have been arrested, the officer
has failed you regardless of how well you performed. Be mindful of
this
before agreeing to perform these tests.
The Walk and Turn
This is the exercise that requires you
to stand with one foot directly in front of the other foot while the
officer tells you the instructions of the exercise, which you have never formally perform before if this is your
first DUI. If you lose balance and move your feet while listening to
the instructions - one point is scored against you. If you
do not then perform the exercise flawlessly - it's another point
scored against you. Receiving 2 points is all that is needed to fail
this test.
In this test, The Officer is looking for
the following:
Balance:
Whether or not you are lifting your arms more than 6 inches from you
side.
Heel to Toe: Whether or
not you your feet touch heel to toe as you walk. Only 1/2 inch space is acceptable.
In this test there are nine steps forward, nine steps
back, which gives you 18 chances to fail.
Turning Around: In this step, the officer is required to demonstrate how
you are suppose to turn around. Often times incorrectly instructed,
which leads to very few drivers doing this step correctly.
One Leg Stand
This exercise requires the driver to
stand on one leg while for 30 seconds. The driver is not
require that the driver count to 30, only hold his foot up while
counting for thirty seconds.
In this test, The Officer is looking for
the following:
Swaying:
While there is no measuring criteria (such as 2 or 3 inches
from side to side) the officer expects you to stand perfectly still or the
officer will assess a point against you.
Using Arms for Balance: losing your balance
only once will cause almost anyone to sway or raise their arms,
which will automatically give you two points and result in a failed
sobriety test.
Hopping: If you are unable to
hop on one leg without loosing your balance, you are on your way to
failing the sobriety test.
Puts Foot Down: If you set your foot down numerous times
during this 30 second exercise, you will fail the sobriety test.
Horizontal Gaze Nystagmus
Also known as the "follow the pen test.".
While this test is currently not allowed in evidence except by
specially trained law enforcement officers, is sometimes used to
establish probable cause to arrest people for DUI. The officer holds a pen or similar object in front of your face and
asks you to follow it with your eyes. The idea behind this test is
that it will show the law enforcement officer when your eyes start
the uncontrolled shaking call nystagmus.
Toledo
DUI defense attorney Dennis P. Strong, vigorously for the rights of
individuals charged with Driving Under The Influence - DUI -
Offenses (throughout Northeast Ohio & Southwest
Michigan) and other
types of Criminal Defense Cases. Contact Dennis P. Strong today
Toll Free: (866) 403-4300 or use our
online
submission form for a free and
confidential case evaluation.
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Contact
Dennis P. Strong today