FIELD SOBRIETY TESTS

We have seen them in the movies and on television. Field sobriety tests are procedures police have used for years to help determine if a driver is driving under the influence. Police often use these sobriety tests to provide probable cause for a DUI/DWI. Police should only use the three standardized field sobriety tests to determine if you are intoxicated.If you were tested, using non-standardized field sobriety tests and your subsequent failure led to a DWI arrest, a skilled Virginia Beach DUI attorneys, we can help you build a solid case against your arrest.

There are three types of field sobriety tests that are considered standard, the one-leg stand, walk and turn and horizontal gaze nystagmus. These tests are designed to provide a police officer with a somewhat accurate gauge of impairment. These tests were standardized through the research of the National Highway Safety Administration.

1. Walk and Turn – The purpose of this test is to request the suspect perform an action with divided attention. The driver is asked to take at least 9 steps heel first,then turn on one foot and return in the same fashion.

2. One-Leg Stand – Police will ask suspects to stand with one foot hovering six inches above the ground and count aloud for 30 seconds. Indicators of intoxication include using your arms to stabilize yourself, swaying, hopping, or placing the foot back on the ground before the end of the 30 seconds.

3. Horizontal Gaze Nystagmus – If the suspected is intoxicated, there is an involuntary jerking of the eye when it gazes sideways that is overstated. Police are examining suspects and scrutinizing their ability to follow the moving object or pen smoothly, the jerking movement of the eye when it is at maximum deviation as well as the jerking movement when the eye is at 45 degrees from the center.

While these tests are often used to determine probable cause in a DUI/DWI arrest, if they are not performed properly or if an officer uses a non-standard test, a skilled Virginia Beach DUI/DWI attorney from our firm work with you to help you get your charges dropped or diminished.