Washington State DUI Field Sobriety Tests
Before an officer arrests someone for driving under the influence, he or she must establish probable cause. Field sobriety tests are one way to determine if a driver’s blood alcohol content (or BAC) is over the legal limit.Washington police officers use three standardized field sobriety tests to determine whether a driver is impaired by alcohol. These field sobriety tests use guidelines that were established by the National Highway and Traffic Safety Administration (NHTSA). These tests include the horizontal gaze nystagmus, walk-and-turn test, and one-leg stand test.
While some officers do administer other field sobriety tests, the three tests listed above are the only tests recognized by the NHTSA.
To administer the Horizontal Gaze Nystagmus test, the officer will ask you to follow an object, such a penlight, without moving your head. During this test, the officer is looking to see if (1) your eyes begin jerking at rest, or when following the object, (2) your eyeball begins jerking at maximum deviation, (3) your eyeball begins jerking before it reaches a 45 degree angle.
There are other things besides alcohol that may cause nystagmus, such as head injuries, inner ear disorders, tired eyes, or brain tumors.
For the walk-and-turn test, the officer will ask you to walk a straight line taking nine heel-to-toe steps while keeping your hands at your side, turn, and walk nine steps back. The officer will look for clues such as problem keeping balance, starting the test early, missing steps, using arms to balance, or making an improper turn.
The one-leg stand test is similar to the walk-and-turn test in that it measures your ability to follow instructions and your ability to perform a physical task. To perform the test, you will be asked to raise one leg six inches off of the ground while keeping your raised foot parallel to the ground. You must also keep your hands by your side and count “one one thousand, two one thousand” until asked to stop.
During the test, the officer looks for signs such as swaying while you balance, raising your arms, putting your foot down, and hopping.
If you have recently taken Washington State DUI field sobriety tests, contact Callahan Law today. Attorney Linda M. Callahan is a trained NHTSA standardized field sobriety test administrator. If the police officer administered the test improperly, Attorney Callahan will bring this up during cross examination. This can damage the prosecution’s case and may lead to a reduced charge, a dismissal, or an acquittal.
