Driving Under the Influence of Drugs Field Sobriety Tests

If you have ever seen a police officer stop a driver he or she suspects is driving under the influence, then you may have seen the suspect performing a series of exercises known as field sobriety tests. As the name suggests, these tests are used to determine whether a driver is operating a vehicle while under the influence of drugs or alcohol.

When an officer suspects a driver may be intoxicated, he or she may ask you to perform three very simple acts—the one-leg stand, walk-and-turn, and horizontal gaze nystagmus tests. The officer will then evaluate your performance during these exercises and, if he or she believes your actions indicate you are impaired by drugs or alcohol, you will be arrested and charged with driving under the influence.

During a one-leg stand, the officer will ask you to stand with your arms lowered to your side and one foot slightly off the ground (approximately six inches). Without moving, you will then be asked to count aloud to 30 while looking down at your feet. As you perform this test, the officer will be looking for any signs of intoxication, such as hopping, swaying, or inability to complete the test.

Following the one-leg stand, the officer may request a walk and turn test. In this exercise, you will be required to take nine steps forward, pivot, and take nine steps back to your original location. You will need to maintain a heel-to-toe position while walking, and the officer will ask you to count aloud as you make each step. Again, if the officer observes swaying or any other behaviors indicating you may be impaired—such as using your arms for balance—he or she may charge you with driving under the influence.

The final field sobriety test you will be asked to perform is the horizontal gaze nystagmus test. During this test, you will be asked to watch a small object—most likely a pen—as it moves back and forth in front of you. The officer will watch your performance to look for a sign of intoxication known as nystagmus, or involuntary jerking of the eyes.

It is important to know that the one-hand stand, walk and turn, and horizontal gaze nystagmus tests are the only field sobriety tests approved by the National Highway Traffic and Safety Administration (NHTSA). As a result, any additional tests the officer requests, such as counting backwards or reciting the alphabet cannot be used against you in court. In addition, the NHTSA requires law enforcement officers to follow a series of guidelines and procedures during the administration of these field sobriety tests.

If you were recently charged with driving under the influence of drugs after failing a field sobriety test, it is important to discuss your case with an experienced criminal defense attorney. A skilled legal professional will not only be familiar with the criminal code in your state, but can also evaluate the evidence against you to determine if your field sobriety tests were administered properly. Remember, the penalties for driving under the influence of drugs can include expensive fines, a license suspension, and even jail time. Don’t let one mistake ruin your life. Contact an attorney in your area today to start planning your defense.