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Field Sobriety Tests Summary
Introduction
Although this is intended to be a very cursory summary of field sobriety tests, Knoxville, TN DUI lawyer Steve Oberman can explain to you in more detail the history of the field sobriety tests, the administrative procedures, the instructions, the standardized clues and the scoring system when you meet with him. Mr. Oberman is one of the few DUI lawyers in the nation who has been certified to administer the National Highway Traffic Safety Administration Field Sobriety Tests.
Click here to read United
States v. Horn, a case discussing field sobriety tests.
History
Field sobriety tests have been around as long as the enforcement of DUI laws. For years, field sobriety tests varied among officers within the same law enforcement agency as well as from one agency to another. Field sobriety tests were limited only by the officers' collective imaginations. In the late 1970's the United States Department of Transportation, National Highway Traffic Safety Administration (hereinafter referred to as NHTSA), funded research to evaluate currently used physical coordination tests which were used to determine the relationship between intoxication and driving impairment, to develop more sensitive tests which would provide a reliable means of identifying persons with a blood alcohol level above the legal limit, and to standardize the tests. The researchers finally concluded that the three test battery, which included the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, offered a reliable field sobriety testing procedure. The next step was to standardize these tests. Additional research was therefore conducted to complete the development and validation of this sobriety test battery and to assess the battery's feasibility in the field, as well as its effectiveness for estimating the blood alcohol content of subjects and facilitating the identification of persons with a blood alcohol content above the legal limit.
Types of Field Sobriety Tests
Horizontal Gaze Nystagmus
Horizontal Gaze Nystagmus - Nystagmus is the involuntary jerking of the eye. It can be an indication of intoxication. However, the occurrence of nystagmus is not dependent upon the presence of an intoxicant in the body. Substances that would not interfere with driving ability can produce nystagmus, and nystagmus may be congenital or caused by structural neurologic disease.
Examples of possible manifestations of alcohol impairment emerging during nystagmus test include the inability to keep the head still; noticeable swaying, and the utterance of incriminating statements. Points are not deducted, however, for any of these behaviors.
Examples of conditions that may interfere with suspect's performance of the nystagmus test include a suspect having an artificial eye; having damaged or very weak vision in one eye; eye irritants such as wind, dust, and rain; and visual and other distractions which impede the test, such as traffic, blinking lights, rain, etc. Some persons who are not under the influence may exhibit nystagmus.
Nystagmus may also be caused by certain pathological disorders such as brain tumors, brain damage and some diseases of the inner ear.
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