Columbus DUI Field Sobriety Test Attorney
The Tests. The National Highway Traffic Safety Administration (NHTSA) developed standardized field sobriety tests to help law enforcement officers decide whether to arrest people for drunk driving. Officers now administer these tests in nearly every drunk driving case. The results of the tests are introduced at trial as evidence that the subject was driving under the influence (the results are also used as evidence the officer's arrest was justified). The three standardized tests are: (1) Horizontal Gaze Nystagmus; (2) Walk and Turn; and (3) One Leg Stand. The standardized field sobriety tests are described below.
How I Can Help. I am certified in field sobriety testing. I completed the same training in the NHTSA field sobriety testing that law enforcement officers complete. I know how the tests are supposed to be administered, so I know if officers make mistakes in administering the tests. If officers do not comply with NHTSA procedures, the results of the field sobriety tests may be excluded from trial (and may also be excluded from the judge's determination of whether the arrest was justified).
STANDARDIZED FIELD SOBRIETY TESTS
Horizontal Gaze Nystagmus (HGN). Horizontal gaze nystagmus is an involuntary jerking of the eyeball as the eyeball moves to the side. The studies conducted for NHTSA conclude that the ingestion of alcohol increases the presence of nystagmus. To test for horizontal gaze nystagmus, an officer has you follow a pen or other stimulus with your eyes. The officer is not simply checking to see if you follow the pen but is instead checking to see if there is nystagmus present. The officer checks for nystagmus in three different ways and scores a "clue" each time nystagmus is observed. The officer checks both eyes individually, so there are a total of six possible "clues". If the officer observes four or more "clues", there is a probability that your Blood Alcohol Content is .08 or higher (a "failure" of the test).
Walk And Turn (WAT). To administer the WAT test, an officer has you stand on a line, walk nine steps (heel-to-toe) down the line, turn around, and walk nine steps back. The officer scores "clues" if you do things such as: lose your balance during the instructions; start too early; fail to touch heel-to-toe; stop walking; step off the line; raise your arms for balance; turn improperly; or take an incorrect number of steps. If the officer observes two or more "clues", there is a probability that your Blood Alcohol Content is .08 or higher (a "failure" of the test).
One Leg Stand (OLS). To administer the OLS test, an officer has you raise one leg so your foot is about 6" off the ground and stand on the other leg with your arms at your sides while you count aloud for 30 seconds. The officer scores "clues" if you do things such as: sway; use your arms for balance; hop; or put your foot down. If the officer observes two or more clues, there is a probability that your Blood Alcohol Content is .08 or higher (a "failure" of the test).
If you have been charged with a D.U.I., or have questions regarding field sobriety testing in central Ohio, contact the criminal defense law office of Shawn R. Dominy, Attorney at Law for an initial consultation about your case.
