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May 11, 2008
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There are a few types of "tests" that may be performed to test sobriety. These include:

  • Nystagmus: The officer will position an object (such as a pen) 12 inches away from the driver's face, and move the object from side to side while watching the subject's eyes.
  • Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back.
  • Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop.
  • Finger to Nose: This test requires the suspect to place his or her feet together while standing straight with eyes closed, and bring the index finger to the nose as ordered by the officer.
  • The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts their head back, and estimates 30 seconds.

 

 

Failed Sobriety Test

 
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When a law enforcement officer suspects that an individual is intoxicated, he or she may ask the person to perform a series of voluntary tests. These tests, commonly referred to as field sobriety tests, include exercises that test your balance (standing on one leg, bending over), coordination (touching your finger to your nose while your head is tilted back, walking a straight line) and coherency (counting backwards, reciting the alphabet).

Have you or someone you know been charged because of a failed sobriety test? If so, contact one of our experienced drunk driving lawyers in your area today!

Some common sobriety tests include:

  • balance on one foot at a time
  • count backwards
  • recite the alphabet
  • touch your nose
  • touch each finger to your thumb
  • walk a straight line

In addition to roadside exercises, a law enforcement officer may require that an individual take a Breathalyzer Test to check the Blood Alcohol Content of a person’s breath sample if he or she is displaying symptoms of intoxication during the first couple of activities, thereby failing the exercises. Before agreeing to take any field sobriety tests, you should inform the officer of any medical conditions that may affect your performance and alter the outcome.

Field sobriety tests concern the fine motor skills of an individual and should not be confused with the breathalyzer test, which is a chemical test. Although field sobriety tests are voluntary, you should keep in mind that refusal to cooperate may result in an automatic arrest. Each State has different laws regarding how much weight a roadside test will hold in a DUI / DWI arrest.

Have you or someone you know been charged because of a failed sobriety test? If so, contact one of our experienced drunk driving attorneys in your area today!

Updated: LW

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Have you or someone you know been charged because of a failed sobriety test? If so, contact one of our experienced drunk driving lawyers in your area today!

 

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