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.
Ohio & Michigan DUI Attorney Dennis P. Strong, vigorously for the rights of
individuals charged with Driving Under The Influence - DUI -
Offenses and other
types of Criminal Defense Cases. Contact Dennis P. Strong today
by calling
(419)
885-8877
(Local) or Toll Free:
1 (888)
887-9507, or use our
online
submission form
for a free and confidential case evaluation.
