Need to know what the three field sobriety tests are? These evaluations include the Horizontal Gaze Nystagmus Evaluation, the Walk and Turn Evaluation, and the One Leg Stand Evaluation, and they all play a role in determining a driver’s sobriety and can impact the outcome of a DUI arrest. If you recently failed, you may need the help of a Dallas DWI lawyer.
Driving under the influence (DUI) charges in Texas often involve the administration of standardized field sobriety tests to assess a driver’s impairment level. These tests, also known as DUI Tests, have implications on how we strategize defenses for your DUI.
Trust our 19 years of legal experience to guide you through the procedural steps of each test, how they work, your legal options, and more.
How Were the Three Standardized Field Sobriety Tests Created?
The National Highway Traffic Safety Administration (NHTSA) employed three standardized field sobriety evaluations during the 1970s, in collaboration with law enforcement, to assess potential impairment while driving.
The tests consist of:
The Walk And Turn Evaluation
The Walk and Turn Evaluation entails the officer instructing the individual to walk in a straight line, heel-to-toe, for a specified number of steps, two sets of nine steps in total, pivot on one foot in a series of small steps, and return in the same manner while audibly counting each step.
The officer observes for specific indicators that may suggest the individual is unfit to drive, such as loss of balance, swaying, or inability to follow instructions.
Horizontal Gaze Evaluation
Law enforcement officers utilize the Horizontal Gaze Nystagmus Evaluation to assess potential impairment from alcohol or drugs. During the evaluation, the officer instructs the individual to track an object, such as a pen or finger, with their eyes to detect any involuntary side-to-side, up-and-down, or circular eye movements known as nystagmus.
The presence of such eye movements may indicate impairment. However, it is essential to recognize that this evaluation is not foolproof and may not consistently reflect an individual’s level of impairment.
The One-Leg Stand Evaluation
The One-Leg Stand Evaluation entails the officer instructing the individual to stand on one foot with the other foot raised off the ground and audibly count using 1,000s for 30 seconds.
Throughout the evaluation, the officer will observe the following four indicators to determine impairment:
- Swaying: Uncontrolled or excessive swaying from side to side.
- Utilizing arms for balance: Employing arms to maintain balance or stabilize oneself.
- Hopping: Hopping on one foot to sustain balance.
- Placing the foot down: Lowering the raised foot to maintain balance.
The outcomes of these evaluations, in conjunction with the other two standardized field sobriety evaluations, can serve as evidence to assess whether the individual is too impaired to drive. Additionally, law enforcement officers may request a breath sample using a portable breathalyzer known as an Alco-Sensor during the evaluation.
How to Pass a Field Sobriety Evaluation
Whether you pass or fail any of the three field sobriety tests is solely at the discretion of the law enforcement officer who is administering the evaluation. Since it heavily relies on the officer’s judgment, there is no guaranteed method to pass, but there are steps that our Dallas criminal defense lawyers advise you to take to maximize your chances of success.
- Follow the Officer’s Instructions Cautiously: Before beginning the evaluation, ensure that you understand the instructions and seek clarification if any part of it is unclear to you.
- Maintain Composure and Focus: Maintain balance by standing upright, looking straight ahead, and avoiding swaying or leaning. Avoid appearing nervous or anxious, as it can not only impact how well you perform the evaluation but may also signify to the officer that you are under the influence or have something to hide.
You will be instructed not to utilize your arms for balance, so if you encounter difficulty maintaining balance, it is advisable to decline participation in the evaluations.
If you anticipate challenges with the evaluations, our Dallas DWI lawyers suggest turning down the evaluation altogether.
Lastly, avoid attempting to lie your way through the field sobriety tests. If you have any injuries, medications, or conditions impacting your ability, advise law enforcement in advance.
Will Field Sobriety Evaluations Be Effective for THC?
Inaccurate counting is likely to be viewed by an officer as a non-standard indicator of impairment. It may suggest an inability to follow instructions. If an individual fails to count accurately, such as skipping numbers or counting without utilizing 1,000s, it may indicate impairment and a potential inability to react appropriately or make prompt decisions.
The officer may interpret inaccurate counting as a sign of nervousness or confusion, further reinforcing their suspicion of impairment. Additionally, if an individual’s performance is recorded via a body camera, it becomes more challenging to convince a prosecutor or judge of their lack of impairment if they struggle with basic tasks like counting or reciting the alphabet.
Need Legal Help After Failing the Standardized Field Sobriety Tests?
It is essential to recognize that field sobriety evaluations are not always precise, and failing them does not imply a lack of defense. Field sobriety evaluations must be conducted in a standardized manner, as outlined in the NHTSA training manual. Results of field sobriety evaluations conducted improperly should be invalidated and contested in court.
If you are arrested and charged with DWI, seek guidance from our seasoned DUU attorney, who has successfully challenged the legitimacy and accuracy of pre-arrest field sobriety evaluations in the past. Contact the Law Offices of Randall B. Isenberg to explore your legal options and initiate your defense promptly.
