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Field Sobriety Tests Can Show Impairment, But Are Not Foolproof
Learn more about the field sobriety tests used to check for drunk driving, and how they may not be as accurate as you think.
July 23, 2011 /Mens Interest PR News/ -- In addition to checking a suspected drunk driver's blood alcohol content ("BAC") using a mechanical breathalyzer device, officers will usually ask suspects to perform field sobriety tests. These tests are designed to help law enforcement officials evaluate whether a driver is over the legal BAC. Although field sobriety testing can be fairly accurate when performed correctly, there is usually a wide margin for error. If you have been accused of drunk driving after a field sobriety test, a Dallas DWI defense attorney can help you determine whether there were any errors in the field sobriety test or DWI arrest.
Standardized Field Sobriety Testing
There are three field sobriety tests that have been developed and tested through research sponsored by the National Highway Traffic Safety Administration. If a skilled officer properly administers the entire three test combination, research puts their overall accuracy at somewhere between 81 and 91 percent.
Horizontal Gaze Nystagmus: The most reliable standardized test involves looking for Horizontal Gaze Nystagmus ("HGN"). HGN is an involuntary twitching of optical muscles that occurs naturally when people look to the side. HGN is exaggerated, however, and occurs at lower gaze angles when someone is under the influence of alcohol. In addition, an intoxicated person will have trouble smoothly following movement with their eyes. In an HGN test, the officer will ask a suspect to follow a small, moving object with his or her eyes.
By looking for jerking of the eyes at the far left and right, the inability to smoothly track the object, and other indicators, an officer can identify intoxication over the legal limit between 77 and 88 percent of the time. However, certain medical issues, such as taking seizure medication or having multiple sclerosis, can cause HGN and contribute to a false positive.
Walk-and-Turn and One-Leg Stand: The other standardized tests are the walk-and-turn and the one-leg stand. These tests are easily performed by most unimpaired people and test one's ability to simultaneously listen and perform simple physical tasks. In the walk-and-turn, the suspect is asked to take nine heel-to-toe steps in a straight line, turn on a single foot, and return in the same fashion. The one-leg stand involves standing with one foot raised and counting aloud until instructed to stop. In both, the officer watches for imbalance and other signs of impairment.
Although when performed correctly, the standardized field sobriety tests can sometimes identify impairment, they fail in no small number of cases. Physical and mental disabilities can hinder a person's ability to perform the tests, and some individuals simply lack natural balance. In addition, officers often incorrectly administer the tests: one study found the HGN test was performed incorrectly in the field 95 percent of the time.
Other Possible Tests
Officers may also ask suspects to count backwards, recite part of the alphabet, tip the head back and touch the nose, or perform other non-standardized tests whose reliability has never been established.
If you have been charged with drunk driving and have reason to suspect inaccurate field sobriety testing, contact a local DWI defense attorney today.
Article provided by Scott H. Palmer, P.C.
Visit us at www.scottpalmerlaw.com
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