Field Sobriety Tests in Fort Lauderdale, FL
About Standardized Sobriety Testing
The National Highway Traffic and Safety Administration has been working
and developing field sobriety tests over the years to help standardize
them and make them more accurate. There are three standardized test recognized
today by all 50 states that have been implemented to help officers to
find probable cause to arrest someone for
DUI. Many habitual alcoholics or people with high tolerance thresholds claim
that even after a number of drinks, they are still able to function completely
normal even with a high level of alcohol in their system. These tests
were developed to disprove that theory by having people perform physical
and cognitive tests that challenge their balance and coordination. Law
enforcement officials are trained to observe and evaluate as the driver
performs these tests and they know exactly what to look for.
Field Sobriety tests are in fact 100% voluntary and you are by no means
legally obligated to perform them. Many people choose to politely decline
because there is ample controversy surrounding these tests and whether
or not they are inherently designed for people to fail. Perfect balance
is hard to attain even when you are perfectly sober, let alone when you
have had one or two drinks. If you do not get a perfect score on the One-Legged
Stand test and you score a 9 out of 10, if still may be considered a fail
and you could be taken into custody. The truth is that when officials
pull you over, they will search tirelessly for any proof to validate an
arrest. They do not like going through all this trouble just to allow
you to get back into your car, free to drive away. At Parks & Braxton,
PA, we want to keep people informed and help them understand their rights.
By learning about the three standardized sobriety tests, you can better
grasp what officials look for and whether or not they are reliable determinants
of sobriety.
The Walk and Turn Test
This field sobriety test requires the driver to walk a straight line in
a heal-to-toe fashion. The officer will ask you to stand heal-toe and
wait while he explains the instructions of the test to you. During that
time they will observe your reactions and whether or not you are having
difficulty listening. They will then instruct you to take nine consecutive
steps in a straight line walking heal-to-toe and then turn and come back
nine steps in the other direction. While you are performing the test,
the officers will be looking to see if you are unable to balance, started
the test too soon, used your arm to balance, stepped off the straight
line or stopped at any time while walking. If you slip up in two or three
of these areas then they can determine that you fail the test and take
you into custody. A good DUI attorney could be able to challenge the results
of this test and formulate a compelling case on your behalf by proving
that the police did not have probable cause to arrest you.
Horizontal Gaze Nystagmus Test
This test is much more scientific in nature but like the other tests, there
is still room for ample inaccuracy. The Horizontal Gaze Nystagmus (HGN)
test is when they examine the fluidity of the eye movements as they follow
and gaze on an object that is moving from side to side. If the eyes are
involuntarily and frequently jerking as they follow there is a good chance
that you are above the legal limit. The law enforcement official may take
a pen and place it in front of your face and tell you to follow it with
your eyes, while keeping your head perfectly still. The eyes will typically
jerk the most when turning towards the farthest point. They will test
both eyes going in both directions and if you fail four out of the six
tests then you are considered intoxicated. The attorneys at the firm however,
are aware that there are other factors other than alcohol that can cause
this involuntary jerky eye movement. Talk to our legal team today and
learn how you can challenge the results of your HGN test.
One-Leg Stand Test
While police officials explain the instructions of this test, they will
ask you to stand with your feet together and arms at your side, and they
will observe how well you listen to the rest of the directions. They will
then have you pull one leg up, six inches of the ground, while keeping
the foot parallel to the asphalt. You will then be instructed to count
upwards from one thousand (ex: one thousand one, one thousand two…)
and continue on for at least 30 seconds, until directed to stop. During
this time, the officer will be observing and evaluating your movements
to see if you are swaying, using your arms to balance, hopping on one
foot, or putting your foot down to catch your balance. A qualified Fort
Lauderdale DUI lawyer from our firm knows that there is still inherent
error in the results of this test because there are other reasons as to
why someone cannot keep their balance. For example, if you have a severe
neck, back, or inner ear problem then your balance may be inhibited even
though you have not had a lot to drink.
Contact our Fort Lauderdale office today for a free case evaluation and learn
how we can help you dismantle the prosecution's defense in court.