Most law enforcement agencies in Ohio now utilize the three basic Standard Field Sobriety Tests set forth by the National Highway Safety Administration when testing a driver suspected of DUI.
These three tests are:
These DUI field sobriety tests are supposedly geared to determine the degree of impairment caused by alcohol on a person’s driving ability. The procedure for administering these three standard tests is set forth by NHTSA. Police officers involved in DUI law enforcement are typically trained on how to administer these tests to suspects in drunk driving cases.
By law in Ohio, officers must “substantially comply” with the NHTSA protocol when giving these field sobriety tests to a DUI subject. Officers need to instruct the subject in the proper manner, demonstrate the tests correctly and score the tests in accordance with set definitions.
The Horizontal Gaze Nystagmus looks like this.
Horizontal Gaze Nystagmus (HGN) refers to an involuntary jerking occurring as the eyes gaze towards the side. The subject experiencing the Nystagmus is unaware that the jerking is happening. Involuntary jerking becomes readily noticeable when an individual is impaired by alcohol.
In administering the HGN test, the officer has the DUI suspect follow the movement of a stimulus (typically a pen or fingertip) with the suspect’s eyes only. The stimulus must be positioned between 12 and 15 inches from the DUI suspect’s nose, slightly above eye level.
The movement of the stimulus consists of at least 14 passes in front of the eyes, in four segments. The officer is gauging equal tracking, smooth pursuit, Nystagmus at maximum deviation and the angle of onset. A properly conducted HGN test should take at least 83 seconds to perform.
The WAT test should look like this.
The exact procedure to be used BY THE OFFICER administrating the WAT is as follows:
For standardization in the performance of this test, have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:
Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:
The OLS test should look like this.
Initiate the test by giving the following verbal instructions, accompanied by demonstrations:
Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:
Observe the suspect from a safe distance. If the suspect puts the foot down, give instructions to pick the foot up again and continue counting from the point at which the foot touched the ground. If the suspect counts very slowly, terminate the test after 30 seconds.
The Standard Field Sobriety Tests are not at all flexible. They must be exactly administered as outlined, and under particular conditions. These tests are only valid if the tests are administered in the prescribed, standardized manner. Performance can only be accurately measured when the standardized criteria are employed to interpret the results. Otherwise, the validity is compromised.
Although there is no requirement that a DUI suspect performs these tests, and there is no penalty for declining the field sobriety tests, the police officer will typically be quite upset, since you will be denying him/her critical evidence needed to convict you of a DUI/OVI. There is also no penalty for declining the Portable Breath Test.
Although you will most likely be arrested, declining these tests places your DUI lawyer in a much better position to beat the DUI charge outright.
If you hope to have any chance of contesting DUI field sobriety tests, it is imperative that you have a highly-skilled criminal defense lawyer with extensive expertise in DUI law.
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