Law enforcement officers often give individuals who they suspect of operating a motor vehicle while under the influence of alcohol or drugs what is known as a field sobriety test. The results of these tests or exercises are completely subjective in grading to determine if you are impaired, and by some, considered exercises of an abnormal nature. It is the arresting officers discretion  that determines whether or not you have passed or failed the field sobriety exercises. If you have been arrested, the officer has failed you regardless of how well you performed. Be mindful of this before agreeing to perform these tests.

The Walk and Turn

This is the exercise that requires you to stand with one foot directly in front of the other foot while the officer tells you the instructions of the exercise, which you have never formally perform before if this is your first DUI. If you lose balance and move your feet while listening to the instructions - one point is scored against you. If you do not then perform the exercise flawlessly - it's another point scored against you. Receiving 2 points is all that is needed to fail this test.

In this test, The Officer is looking for the following:

Balance: Whether or not you are lifting your arms more than 6 inches from you side.

Heel to Toe:  Whether or not you your feet touch heel to toe as you walk. Only 1/2 inch space is acceptable. In this test there are nine steps forward, nine steps back, which gives you 18 chances to fail.

Turning Around: In this step, the officer is required to demonstrate how you are suppose to turn around. Often times incorrectly instructed, which leads to very few drivers doing this step correctly.

One Leg Stand

This exercise requires the driver to stand on one leg while for 30 seconds.  The driver is not require that the driver count to 30, only hold his foot up while counting for thirty seconds.

In this test, The Officer is looking for the following:

Swaying: While there is no measuring criteria (such as 2 or 3 inches from side to side) the officer expects you to stand perfectly still or the officer will assess a point against you.

Using Arms for Balance: losing your balance only once will cause almost anyone to sway or raise their arms, which will automatically give you two points and result in a failed sobriety test.

Hopping: If you are unable to hop on one leg without loosing your balance, you are on your way to failing the sobriety test.

Puts Foot Down: If you set your foot down numerous times during this 30 second exercise, you will fail the sobriety test. 

Horizontal Gaze Nystagmus

Also known as the "follow the pen test.".  While this test is currently not allowed in evidence except by specially trained law enforcement officers, is sometimes used to establish probable cause to arrest people for DUI. The officer holds a pen or similar object in front of your face and asks you to follow it with your eyes. The idea behind this test is that it will show the law enforcement officer when your eyes start the uncontrolled shaking call nystagmus.

Toledo DUI defense attorney Mark A. Davis, vigorously for the rights of individuals charged with Driving Under The Influence - DUI - Offenses (throughout Northeast Ohio & Southwest Michigan) and other types of Criminal Defense Cases.

Contact Mark A. Davis at (419) 297-5088 to schedule a confidential consultation regarding your DUI Defense legal issues.