State Laws
Field sobriety tests
      
Field sobriety tests (FSTs) are used by the officer to help determine if, in his or her opinion, the driver is under the influence and should be arrested for drunk driving. The driver is usually ordered out of the vehicle. While standing on the side of the road, an officer places the driver through a series of balance, coordination, mental field sobriety tests. While each jurisdiction uses its own field sobriety tests, there are some universal tests used by practically all police agencies.

Balance tests

Standing on one foot, walking an imaginary line, leaning back with eyes closed. Innocent factors effecting balance tests include the actual location and conditions surrounding the test (on the roadside with cars speeding by), lighting (dark, poorly lighted), surface of the test (loose gravel or dirt, uneven or slanted), weather (cold, rainy, snowy), shoes (boots, heels, stiff dress shoes).

Coordination tests

Counting on the fingers, alternate hand clapping and finger to nose touch while the eyes are closed. Not only do the location and conditions of the field sobriety test affect the outcome; the officers often do a poor job explaining exactly what is required.

Mental tests

Reciting the alphabet, counting backwards from a random number ("count backwards from 73 to 57" or "count backwards from 100 by 7s"). Most dui attorneys can point out that these tests can be misleading since they are usually administered late at night, while the subject is nervous and under interrogation. Further, the officer's opinion of poor performance on these field sobriety tests does not necessarily indicate the driver is under the influence.

Eye nystagmus

The driver is asked to follow the officer's pen with the eyes without moving the head. The officer is looking to see if the pupil of the eye "bounces" as it follows the pen. This can be an unreliable indicator of alcohol consumption. Nystagmus can be caused by antihistamines, certain eye conditions, or excessive lack of sleep.

For more information on field sobriety tests, contact a dui attorney.

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