When law enforcement suspect you of driving while under the influence of
drugs or alcohol, they may administer one of several different types of
field sobriety tests. The purpose of these tests is to attempt to establish
probable cause for the officer to make an arrest and charge you with driving
under the influence. However, these tests are far from perfect and in
many cases lead to you being wrongfully arrested. On this blog, we take
a look at three common tests and discuss why they may be evidence in your
favor for a DUI case.
One-Leg Stand Test
One of the most well-known and simple field sobriety tests requires the
potentially-intoxicated individual to exit the car and then stand and
balance on one leg, usually for about 30 seconds. If this sounds hard
to do, even while sober, that’s because for many people it is. Officers
will look to see if you appear to have your balance impacted, but this
is not a guarantee, and leads to numerous wrongful arrests.
In this test, the officer asks the individual in question to walk in a
straight line, placing one foot directly in front of the other (kind of
like you’re on a balance beam). After a few steps, the officer will
ask the individual to turn around and walk back the same way
Horizontal Gaze Nystagmus Test
This is perhaps the most commonly-administered test in modern traffic stops.
In this test, the officer asks the driver to follow a pen, their finger,
or another small object as they move it side-to-side, only without moving
their head. Officers look for jerky eye movement, which could be a sign
of intoxication. However, jerky eye movement is not a bona-fide giveaway
of intoxication; it could be caused by sedatives, vision loss, multiple
sclerosis, and other conditions.
One of the biggest flaws with all of these tests is that some people just
simply do not have the ability to actually do these things. For example,
those over the age of 65 may not have the ability to stand on one leg
for 30 seconds, and likewise doing so could cause them to fall over and
get seriously injured.
If you have been arrested and charged with DUI after failing a field sobriety
test, do not hesitate to contact a Noblesville DUI attorney as soon as
possible. Attorneys Baldwin, Kyle, and Kamish of
The Criminal Defense Team are dedicated to protecting the rights and freedoms of individuals who
are facing the criminal justice system. With two Board Certified Criminal
Law Specialists on our team, you can trust that your case is being handled
with legal knowledge and a litigation style that has been tested, tried,
and proven through many years of courtroom experience.
Call The Criminal Defense Team today at (888) 988-5659 and schedule a
free initial consultation!