National Highway Traffic Safety Field Sobriety Test Guidelines
Field sobriety tests can increase the overall safety of both the impaired driver and others on the road. A driver who exceeds the legal blood-alcohol-content level can injure or even kill himself or others through poor judgment and driving. Field sobriety tests, for which the National Highway Traffic Safety Administration sets standards, can help an officer determine whether or not a driver should be taken into custody for drunken driving.
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When They're Used
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A police officer uses field sobriety tests when he stops a driver he suspects has been drinking. He may suspect this because of abnormal driving, such as swerving, speeding or running a red light. He might already suspect an intoxicated driver or may only do so when he speaks to the driver and notices signs of intoxication. In both cases, the officer will probably ask the driver to perform standard field sobriety tests to determine whether probable cause exists to arrest the driver for driving while intoxicated.
Eye Movement
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Horizontal gaze nystagmus (HGN) refers to a movement of the eye when a person looks to the side. It occurs in everyone, regardless of intoxication. In intoxicated people, however, HGN is more pronounced and can occur even when the eye is focused forward. To perform this test, an officer will have the suspect watch something move slowly from side to side. The officer will then watch for this pronounced HGN to help determine intoxication.
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One Leg Test
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In the one-leg test, the officer asks the driver to stand for about 30 seconds with one foot off the ground and to count the seconds out loud while the officer watches for evidence of intoxication. Evidence includes any loss of balance, such as hopping around or using the arms to keep steady. If a driver shows more than one sign of losing balance, it suggests he is intoxicated.
Walk and Turn
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Walking and turning can challenge the balance and attention of an intoxicated person. To test the suspect, the officer asks her to take nine steps forward and to turn around and take nine steps the other way, according to the "Highway Safety Desk Book," created by the International Association of Chiefs of Police to inform police officers of regulations and procedures. The driver should put one foot directly in front of the other and should walk in a straight line. During this test, the officer looks for signs of balance loss or poor judgment (such as starting before the officer explains everything).
Failing
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If a driver fails one or more of these tests, the officer can consider it probable cause for arrest. Officers might administer more tests, such as a breathalyzer, or even a blood test, after the suspect is arrested. After being charged with driving while intoxicated, a suspect will have to appear in court, though he may agree to a plea bargain if offered. Consequences of a DUI or DWI conviction vary by state.
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References
- Photo Credit beer in beer-mug image by Witold Krasowski from Fotolia.com
