King County Drunk Driving Defense Attorney
Field Sobriety Tests
Typically, when a police officer stops a motorist on suspicion of driving under the influence of alcohol and/drugs, the officer asks the driver to step out of his or her vehicle, usually within minutes after the stop has been made, and perform a series of tests called Field Sobriety Tests. These are roadside exercises that are meant to help the DUI officer determine whether the driver was operating under the influence of alcohol and whether he or she should be arrested and subjected to further blood alcohol or breath tests.
According to the National Highway Transportation Safety Administration, the Standardized Field Sobriety Test (SFST) is a battery of three roadside exercises that are supposed to be administered and evaluated in a standardized manner. These tests basically help the DUI officer get valid indicators that the person is intoxicated or impaired and establish a probable cause for arrest.
These tests were developed as a result of NHTSA-sponsored research. The three main tests of the SFST are:
- The Horizontal Gaze Nystagmus: This is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Normally, nystagmus occurs when the eyes are rotated at peripheral angles. But when a person is intoxicated, he or she will have difficulty tracking a moving object. With this test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or a flashlight. NHTSA rates this test as being 77 percent effective in determining alcohol impairment.
- The Walk-and-Turn: In this test, the officer directs the subject to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The main thing the officer looks for here is whether the person can keep their balance while listening to and following instructions. This is effective 68 percent of the time.
- The One-Leg Stand: In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (1,001, 1002 and so on) until told to put the foot down. The officer times the subject for 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. This is about 65 percent effective in gauging impairment.
Role of SFSTs in DUI Defense
The effectiveness of SFSTs in court testimony and evidence depends upon the cumulative total of impairment indicators provided by this group of tests -- the greater the number of indicators, the more convincing the testimony.
However the biggest problem with these tests is the number of people who could be wrongly charged with and convicted of DUI in Washington because of the tests' considerable margin of error. Going by NHTSA's own numbers at least 30 percent of DUI drivers to whom officers administer these field sobriety tests could be wrongfully convicted. Moreover, there are many factors that affect even a normal, healthy person's ability to perform these roadside exercises at the snap of an officer's fingers. Your may not do well in these tests because you are nervous, injured, scared, distracted, confused or just tired.
Please remember that these field sobriety tests are voluntary. You are not required to take them, which many Seattle motorists don't know. Our advice will be that you decline to take these tests because these are tough to perform tests that are designed to make you falter and set you up for failure.
If you have been accused of a DUI, please contact an experienced Washington DUI defense attorney at McNeese & Trotsky, PLLC. for a free consultation. We will help you defend your DUI with an honest evaluation of your case.
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