When most of our readers in Florida envision a DUI stop, they probably think of one thing: field sobriety tests. By now, most people know that law enforcement officers typically take certain steps to attempt to identify whether or not a driver might be intoxicated.
Of course, breathalyzer tests are also quite common, but the go-to field sobriety tests are common as well. In general, three types of field sobriety tests are the most common: the “walk and turn” test; the “one leg stand” test; and the “horizontal gaze nystagmus” test.
Field sobriety test overview
The first two types of tests are rather straightforward, in fitting with their names.
In the “walk and turn” test, a suspected drunk driver is asked to walk along a straight line, heel-to-toe, for a certain amount of steps. And then, to return back the same way in the same manner.
For the “one leg stand” test, the suspect is typically asked to stand on one leg and count for a certain amount of time – to 30, for example.
For each of these two tests, law enforcement officers are watching for any trouble balancing or following the officer’s instructions.
The third test, the “horizontal gaze nystagmus,” may sound more scientific, but in practice it is oftentimes easy for a suspect to follow the instructions for this test: follow the tip of a pen or finger as the law enforcement officer moves it back-and-forth horizontally in front of the suspect’s eyes.
As this occurs, the officer is looking for involuntary jerking in the suspect’s eyes, which could be a sign of intoxication.
What after a DUI stop?
If field sobriety tests were part of your DUI stop, you should know that failing these tests is not ironclad proof of intoxication. You may be able to challenge the manner in which the tests were administered as part of your overall criminal defense strategy.