Wednesday, July 21, 2010

Field Sobriety Testing Methods

Millions of people have been pulled over because of suspicious driving behavior, which may lead officers to believe that the motorist is intoxicated. Once an officer suspects you of drinking and driving, you may be subjected to a breathalyzer or a number of field sobriety tests. If you find yourself in this situation, it may helpful to know what to expect during a field sobriety test.

What to Expect

While none of these methods are 100% accurate, officers rely on them to determine whether or not a person is intoxicated. Because testing can be biased and subjective, you have the right to refuse a field sobriety test; however, in many states this is implicit guilt, and you will be taken to jail and booked for a DUI. The positive aspect of this scenario is that officers do not have the results of a field sobriety test to prove your guilt, which weakens their case in court.

If you do consent, officers typically follow a series of tests targeted at your motor skills, mental processes, and eye movements. The following three sobriety tests are commonly administered and comprise the federally recognized Standardized Field Sobriety Test:

o The walk-and-turn test. This test is designed to observe your ability to perform simple physical and mental processes simultaneously. During this test you will be instructed to walk along a straight line by placing one foot directly in front of the other while counting your steps aloud. Once you reach the end of the line, you will be asked to turn around and repeat the process again.

o The one-leg stand. In this test, you will be asked to stand with your legs together and your arms at your side. Then, you will be instructed to raise one leg 6 inches above the ground and hold it for 30 seconds while counting aloud. You are expected to be able to keep your foot raised the entire time without using your arms for balance.

o The horizontal gaze nystagmus. This test is used to examine involuntary eye movements. Under normal conditions, the eyes may move involuntary when eyes are rotated to high peripheral angles; however, when alcohol is involved, movement and jerking may be more prevalent. During this test, you will be asked to follow a moving object with your eyes.

Knowing what to expect when you are suspected of drinking and driving can dramatically improve your chances at minimizing penalties.

For more information on field sobriety tests or alcohol related offenses, contact the Rhode Island DUI defense lawyer James Powderly.

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