SAN DIEGO DUI ATTORNEY
Field Sobriety Tests
When a person is suspicious of drunk driving, police officers will ask
the individual to perform a series of tests. The tests are used to determine
a person’s blood alcohol content.
The three most common field sobriety tests are:
The Horizontal Gaze Nystagmust test
The Walk and Turn Test
The One Legged Stand Test
Unfortunately, none of these three sobriety tests are 100% accurate.
Sometimes officers use faulty equipment or untrained officers perform
the tests incorrectly resulting in a bad test score. People who are disabled
or experience heath problems tend to have more difficulty performing these
routine sobriety tests.
Lets take a look at these three field sobriety tests.
The Horizontal Gaze Nystagmus Test
The Horizontal Gaze Nystagmus Test (HGN) is known to be the most reliable
of the three tests at 77% accuracy.
Nystagmus is the involuntary eye movement that causes jerking or trembling.
It is a lack of smooth pursuit. If the driver’s eyes tend to jerk
before reaching 45 degrees, this tells the officer that the blood alcohol
content is above 0.05%
The standard ways of conducting the Horizontal Gaze Nystagmus test is
by holding an object, such as a light or a pen, 12-15 inches away from
the driver’s face and slowly move the object from side to side. A
trained police officer will try to observe any slight signs of involuntary
movement that can be categorized as Nystagmus.
But alcohol is not the only reason why a person might show signs of
Nystagmus. Medications, drug prescriptions, neurological disorders, head
trauma, and excessive amounts of nicotine or caffeine can cause signs
of Nystagmus.
The Walk and Turn Test
The walk and turn test is also used by officers to determine if a person
is above the alcohol legal limit.
This test must be conducted on a dry, flat, non slippery surface area
that is in no danger to the person walking. The officer will advise the
driver to complete nine heel-to-toe steps on a visible line or walk parallel
to a curb. The officer will stand back and observe for any improper turning,
walking offline, incorrect number of steps, heels and toes not touching,
and non following directions.
The problem with this test is that many sober people have trouble completing
this task. Physical disabilities, over weight and bad weather conditions
can obscure the end results.
One Legged Stand Test
The One Legged Stand test is the least reliable of the three.
As well as the walk and turn test, this test must be conducted on a dry,
level, non slippery surface. The officer instructs the driver to raise
one foot while counting out loud for thirty seconds or less. From a few
feet away, the officer observes for any clues of intoxication such as
the swaying of the arms, balancing, unable to maintain posture, and hopping
on one foot.
There are a few factors that can cause a sober person to fail this test.
People with disabilities, old of age, and over weight cannot complete
this test. Bad weather conditions can also have an impact in the results.
What can you do?
If you or someone you know is arrested for a DUI, immediately contact
an experienced DUI attorney to help investigate your case and defend
you.
At the Law Offices of James V. Bickford, IV, our team of expert DUI attorneys
will meticulously investigate your case and aggressively fight to defend
you in court. We will use our experience and skills to help you through
your case.
the san diego law offices of
dui attorney james v. bickford, iv
110 west c street, suite 2204
san diego, ca 92101
tel: 619.702.7400
fax: 619.702.7401
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