Colorado Springs Field Sobriety Test Lawyer
Field Sobriety Tests
Field sobriety tests (FSTs) are tasks designed to provide police officers with clues as to whether the driver who takes them has been drinking or using intoxicating drugs. Several different field sobriety tests exist, but the three standard field sobriety tests include the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test.
Horizontal Gaze Nystagmus
Nystagmus occurs when the eyes involuntarily twitch or jerk. During the horizontal gaze nystagmus test, the officer holds up a pen or other small object and instructs the driver to follow the object with their eyes as the officer moves it from left to right. The officer is watching for nystagmus, which shows when the eyes twitch or jerk back and forth instead of following the object smoothly. A certain amount of nystagmus at the far corners of the eyes is normal, but the test is based on evidence that a person who is under the influence of alcohol will demonstrate nystagmus during the majority or the entire test, not merely in the far corners.
One flaw in the horizontal gaze nystagmus test is that this kind of nystagmus is not only caused by intoxication. Horizontal nystagmus is also a common symptom of stroke, brain tumors, vision loss, and multiple sclerosis, among other conditions. If it is not performed correctly or is not combined with other field sobriety tests, the horizontal gaze nystagmus test can result in the arrest of drivers who are not actually intoxicated.
One-Leg Stand
During the one-leg stand test, the driver is asked to stand on one foot and raise the other one approximately six inches off the ground. Usually, the knee is kept straight and the foot is held out in front with the toe pointed away from the driver's body, and the arms are held down at the driver's sides. The driver may be asked to count out loud while standing on one leg.
The one-leg stand is, obviously, designed to test a driver's balance. It's also used to test a driver's ability to divide his attention between two tasks at once: balancing and counting out loud. Drivers who are intoxicated are expected to have more trouble dividing their attention and doing two things at once successfully. Any wobbling, using the arms for balance, putting the foot down, or hesitating or skipping numbers may be chalked up to intoxication—even if the driver is sober.
Walk-and-Turn Test
The walk-and-turn test is another divided attention test, requiring the driver to listen to the officer's instructions and remember them while walking a straight line. In many cases, the officer explains the entire test before the driver begins, and beginning too early may count against the driver. During the test, the driver walks a straight line for nine steps, placing the heel of one foot against the toe of the other. At the end of nine steps, the driver pivots on the front foot and walks the same line back to the start, again placing heel-to-toe each time. The driver must count the steps out loud both ways.
Like the one-leg stand, the walk-and-turn test is meant to reveal clues about balance and divided attention. Any mistakes, including not walking heel-to-toe, falling off the line, taking the wrong number of steps, or turning incorrectly may count against the driver.
Field sobriety tests are commonly used to gather evidence that a driver is driving with his ability impaired (DWAI) or driving under the influence (DUI). Despite officers' reliance on these tests to provide evidence of intoxication, however, the field sobriety tests are notoriously difficult to perform even if the test-taker is completely sober. Since any mistakes may "count" as indicating intoxication, it's easy for a driver who is not actually violating any laws to be arrested for drunk driving on the basis of mistakes made on FSTs.
If you are facing DWAI or DUI charges, experienced Colorado Springs drunk driving defense attorney Timothy Bussey may be able to help. At The Bussey Law Firm, P.C., we have the legal resources and courtroom experience that is needed to protect your rights while fighting for a successful case result. Find out how we can help you by calling our law offices today.
