Field Sobriety Tests

Field Sobriety Tests have been standardized to supposedly allow uniform treatment across all states.  With the standardization comes the acronym SFST where the "s" is for standardized.  

 

The following tests were developed to aid law enforcement in determining impairment and give them probable cause for arrest. But poor design and training of the Officer's that administer these tests make them very unfair and about as UN-scientific as you can imagine.

They are designed to gather evidence to be used in a conviction.  It is very rare that anyone who takes these tests ever has any favorable comments listed that are used to clear them of charges.

Law enforcement and MADD would have you believe that NO ONE IS EVER detained and questioned who is sober.  That's why no one ever 'passes' these tests.  Does that make sense?

IMPORTANT:  You Do Not Have To Take Any Field Sobriety Tests Should You Ever Be In This Situation Again!

When you first get pulled over it's difficult to know what to do, and the officer certainly makes you feel like you 'have to do' things that you really don't.

You are required by law to submit to a breath test (if you refuse your driving privileges will be suspended) but you are not required to submit to any field sobriety tests.  Remember that and TELL YOUR FRIENDS.

Here are some of the most common tests,

 Horizontal Gaze Nystagmus (HGN)

Horizontal Gaze Nystagmus or HGN is defined as the involuntary jerking of the eye. Alcohol effects automatic tracking mechanism of the eyes and causes a jerking (nystagmus) of the eye as it moves from side to side. 

In this test the "trained" officer waves a pen in front of your face from side to side and measures the tracking of your eyeballs visually.  Yes, he 'guesses' as to how many degrees your eye jerks from side to side and writes down his comments.

Do you think his visual measurement of the number of degrees your eyes jerk is even close to reality?  Scientifically, this is a joke.  No one can visually come close to measuring that with any accuracy whatsoever.

Horizontal Gaze Nystagmus Instructions:

1. I am going to check your eyes. (Please remove your glasses)
2. Keep your head still and follow the stimulus with your eyes only.
3. Do not move your head.
4. Do you understand the instructions?

Signs of intoxication are the angle of onset of HGN (this is his estimate), the ability of the eye to follow smoothly, and the extent of nystagmus at the maximum lateral deviation.  The three clues to detect HGN in each eye are the following:

  • Lack of smooth pursuit.

  • Distinct and sustained Nystagmus at maximum deviation.

  • Onset of Nystagmus prior to 45 degrees.

3 Clues in each eye, total of six clues. 4 clues constitute a 77% likelihood of impairment in lab studies. HGN occurs not only in the presence of alcohol, but also in the presence of other impairing substances.

Usually when a person's BAC is in the range of 0.10 percent, the jerking will begin before the eyeball has moved 45 degrees to the side. Higher BAC will cause jerking at smaller angles.

 

Walk and Turn

During the Walk and Turn test, the suspect is given detailed, standardized instructions for walking nine heel-to-toe steps along a line, turning, and returning along the line in the same manner. 

Walk and Turn Instructions:

1. Put your left foot on the line and put your right foot in front of it with your right heel touching your left toe. Keep your hands at your side. (Demonstrate).
2. Do not start until I tell you to.
3. Do you understand the directions?
4. When I tell you to begin, take nine heel-to-toe steps on the line, turn around keeping one foot on the line, and return nine heel-to-toe steps. (Demonstrate heel-to-toe; three steps is sufficient).
5. On the ninth step, keep the front foot on the line and turn by taking several small steps with the other foot. (Demonstrate turn)
6. While Walking, watch your feet at all times, keep arms at side, count steps out loud. Once you begin, do not stop until test is completed.
7. Do you understand the directions?
8. You may begin the test.
The score for this test reflects on an individual’s ability to attend to and remember very specific instruction as well as to balance and walk. The officer records errors with the following checklist:
  • Loses Balance During Instructions

  • Starts before Instructions are finished

  • Stops while walking

  • Doesn’t touch heel-to-toe

  • Steps off Line

  • Uses arms for balance

  • Loses balance while turning/incorrect turn

  • Incorrect number of steps.

Two clues constitute a 68% likelihood of impairment.

 

One Leg Stand

The One-Leg Stand test is a balance test that requires the individual to stand with his/her arms at his side and to lift one leg approximately six inches off the ground. He is instructed to look at the raised foot and to maintain the stance while counting one thousand-one, one thousand- two, etc… until told to stop. 

One-Leg Stand Instructions:

1. Stand with your heels together and your arms at your side. (Demonstrate).
2. Do not begin the test until I tell you to.
3. Do you understand?
4. When I tell you to, I want you to raise one leg, either leg, approximately six inches off the ground, foot pointed out. Keep both legs straight and keep your eyes on the elevated foot.
5. While holding that position, count out loud; one thousand and one, one thousand and two, one thousand and three, and so forth until told to stop. (Demonstrate raised leg and count)
6. Do you understand the instructions?
7. You may begin the test.

The test is timed for 30 seconds and scored by the following possible clues.

  • Sways while balancing.

  • Uses arms for balance.

  • Hopping

  • Puts foot down

Two clues constitutes a 65% likelihood of impairment

More information and help available inside the DUI Process Manual




© 2005 Information Association, All Rights Reserved.

DISCLAIMER:THE DUI/DWI INFORMATION ASSOCIATION IS NOT A LEGAL ENTITY AND IN NO WAY REPRESENTS THEMSELVES AS SUCH. WE ARE NOT LAWYERS AND ARE NOT OFFERING ANY LEGAL ADVICE IN ANY WAY, SHAPE OR FORM. YOU SHOULD CONSULT A QUALIFIED ATTORNEY BEFORE MAKING ANY LEGAL DECISIONS ABOUT YOUR FUTURE.  THE INFORMATION IN THIS GUIDE IS MERELY INFORMATION ON THE DUI PROCESS.

CLICK HERE FOR FULL LEGAL DISCLAIMER