DUI Field Sobriety Exercises
If a police officer pulls you over for drinking and driving, he or she may ask you to perform a series of tasks such as balancing on one leg, reciting the alphabet, or walking an imaginary straight line. Although these activities may seem rather simple, they are actually types of DUI field sobriety exercises used to determine whether you are intoxicated.
According to the National Highway Traffic Safety Administration, there are only three types of field sobriety exercises that should be used to determine a person’s level of intoxication: the one-leg stand test, the walk-and-turn test, and the horizontal nystagmus test. However, while these are the only approved types of field sobriety exercises, you may also be asked to perform additional tasks such as reciting the alphabet, counting backwards, or
placing your finger on your nose.
For a one-leg stand test, the officer will ask you to balance yourself on one leg while counting aloud. Your arms must remain at your sides for the duration of the test, or approximately 30 seconds. During this time,
the officer will evaluate your performance to look for signs of intoxication, such as swaying back and forth, and determine whether you should be charged with DUI.
If the officer asks you to perform a walk-and-turn test, you will
be instructed to walk on an imaginary straight line, taking nine heel-to-toe steps forward before pivoting, and taking nine more heel-to-toe steps to return to your original starting point. Once again, the officer will watch your performance to look for signs of intoxication, such as difficulties balancing or following directions.
Finally, the officer may use a horizontal gaze nystagmus test to determine whether you are under the influence of drugs or alcohol. To perform this test, the officer will ask you to follow a small item, such as a pen or flashlight, with your eyes.
The officer will watch you closely, looking for excessive jerking of the eyes—a common sign of intoxication.
As you can probably guess, many people may be unable to perform field sobriety exercises. In fact, if you are over 65 years old or more than 50 pounds overweight, you should not take any type of field sobriety test. Individuals with physical disabilities should also avoid the tests.
If you were recently charged with DUI after failing a field sobriety exercise, you should seek legal counsel immediately. Remember, the results of your field sobriety tests are entirely subjective and, as a result, may not be admissible in court. Make sure your rights are upheld. Contact an experienced DUI defense attorney today.