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Elements of a Field Sobriety Test | Hayward DUI Laws

Lynn Gorelick | 888 Views | 09/14/2015

Field Sobriety Tests in Hayward

When people are stopped for driving under the influence, the police officers often ask them to perform some balance and coordination tests, and these are called field sobriety tests. There are only three standardized field sobriety tests that have been approved by the National Highway Traffic Safety Administration. The three field sobriety tests are the horizontal gaze nystagmus, a one-leg stand and a walk and turn.

Horizontal Gaze Nystagmus Test

Generally, the horizontal gaze nystagmus test is done with an officer either using a pen or a finger or a stylus. You’re instructed to keep your head still and follow the moving object with your eyes only.

The One-Leg Stand Test

The one-leg stand test involves instructions to choose a leg, left or right, lift it six inches from the ground, point your toe, look at your toe and count like this: one thousand-one, one thousand-two, until you’re told to stop.

The Walk & Turn Test

The walk and turn test begins with standing with one foot in front of the other with your hands at your side. You’re instructed to maintain that position until you’re told to start. The officer will instruct: take nine steps heel to toe, pivot turn and take nine steps back.

Exceptions and Contingencies

Many times, officers will also call the preliminary alcohol screening device the field sobriety test. It is not a field sobriety test, and the officer should read an abomination about that hand-held breath test which indicates that it’s not a chemical test and can be refused. Both the field sobriety test and blowing into the hand-held breath machine – that preliminary alcohol screening device on-scene – are completely voluntary. You do not have to take these tests. There is an exception. However, for taking that preliminary alcohol screening device test. If you’re currently on DUI probation, or if you are under the age of 21, you must submit to that test.

Please know, the field sobriety tests are only as good as the instructions that are given by the officer. It’s important to have a lawyer review all the evidence of the administration of the field sobriety test to determine if the officer gave proper instructions. If the instructions were not done precisely, performance of the test cannot be an indicator of impairment. I have been trained in the same way that the officers in the administration of all of the field sobriety tests, let me review it for you.

By: Lynn Gorelick

Elements of a Field Sobriety Test | Hayward DUI Laws

Field Sobriety Tests in Hayward

When people are stopped for driving under the influence, the police officers often ask them to perform some balance and coordination tests, and these are called field sobriety tests. There are only three standardized field sobriety tests that have been approved by the National Highway Traffic Safety Administration. The three field sobriety tests are the horizontal gaze nystagmus, a one-leg stand and a walk and turn.

Horizontal Gaze Nystagmus Test

Generally, the horizontal gaze nystagmus test is done with an officer either using a pen or a finger or a stylus. You’re instructed to keep your head still and follow the moving object with your eyes only.

The One-Leg Stand Test

The one-leg stand test involves instructions to choose a leg, left or right, lift it six inches from the ground, point your toe, look at your toe and count like this: one thousand-one, one thousand-two, until you’re told to stop.

The Walk & Turn Test

The walk and turn test begins with standing with one foot in front of the other with your hands at your side. You’re instructed to maintain that position until you’re told to start. The officer will instruct: take nine steps heel to toe, pivot turn and take nine steps back.

Exceptions and Contingencies

Many times, officers will also call the preliminary alcohol screening device the field sobriety test. It is not a field sobriety test, and the officer should read an abomination about that hand-held breath test which indicates that it’s not a chemical test and can be refused. Both the field sobriety test and blowing into the hand-held breath machine – that preliminary alcohol screening device on-scene – are completely voluntary. You do not have to take these tests. There is an exception. However, for taking that preliminary alcohol screening device test. If you’re currently on DUI probation, or if you are under the age of 21, you must submit to that test.

Please know, the field sobriety tests are only as good as the instructions that are given by the officer. It’s important to have a lawyer review all the evidence of the administration of the field sobriety test to determine if the officer gave proper instructions. If the instructions were not done precisely, performance of the test cannot be an indicator of impairment. I have been trained in the same way that the officers in the administration of all of the field sobriety tests, let me review it for you.

By: Lynn Gorelick