The test that police generally have a driver perform after being stopped for suspicion of DWI (Driving While Intoxicated) are called Standardized Field Sobriety Tests. These tests are also referred to as divided-attention tests. The tests are used by the police to divide your attention between the physical portion of the test (one leg stand, walk and turn, etc.) and the memory or thinking process of the test (i.e. “how many steps do I have to take forward, while trying to walk a straight line” or “counting out loud by 1000’s, while holding your leg up”). The reasons for the tests are to provide the police with evidence to establish probable cause (a reasonable basis to conclude an offense was committed by you) to arrest the intoxicated driver and also to gather evidence to prove you guilty of driving while intoxicated based upon physical observations ( in case I, as your attorney get your Alcotest/Breath Readings or Blood Sample readings thrown out in your case.
There are many ways to attack the admissibility and credibility of these tests, and Thomas H. Martin, Esq. has experience in addressing these issues. Often times the police officers are not trained properly to administer these tests pursuant to the National Highway Traffic and Safety Administration (NHTSA) standards. Other times these officers forget to administer the tests properly. If the credibility of the field sobriety tests can be successfully attacked, and the Aloctest readings are inadmissible, then you may be able to avoid being found guilty or pleading guilty to DWI and/or driving while intoxicated.
There are multiple tests that the police will have you perform, but only the first three have been accredited by NHTSA. The tests administered by the Cops are:
1. The Horizontal Gaze Nystagmus Test: This is mistakenly referred to sometimes as the “pen test.” Here the police have you keep your head straight and have your eyes follow a pen the officer holds in his hands. In theory, if you are not intoxicated, your eyes should follow the pen smoothly and not bounce or shutter. This test can be used for probable cause to arrest, but is not scientifically reliable enough to be admissible as evidence in your DWI trial. This test can be attacked if you have optical problems, the officer performed it inappropriately or the officer wasn’t qualified to administer it.
2. The One Leg Stand Test-In this test, the officer will have you raise your leg 6” off the ground for 30 seconds. The officer will have you count out loud by 1-1000s’. For example you will have to count, “1-1000, 2-1000, 3-1000, etc.” The most common police errors on the scoring of this test is over exaggeration as far as raising your hands for balance or stopping the test prematurely after you place your leg down once. They are supposed to give you two chances-although they can stop the test at any time if you are a threat to injure yourself from severe intoxication.
3. Walk and Turn Test-In this test, you are asked to put one foot in front of the other, heel-to-toe. You are asked to take nine steps out, pivot and return eight steps back. During this time, you are asked to count each step aloud. The police also exaggerate the scoring on this test by penalizing you for not keeping your feet precisely together. In addition, according to NHTSA you are also supposed to start with your right foot as your lead foot; this often is overlooked by the police.
The remaining four (4) tests are not even NHTSA approved.
4. The Romberg test (Tilt Your Head Back Test).
5. Stating the alphabet, usually starting from a particular letter in the middle.
6. Finger to Nose Test.
7. Counting backwards from a particular number.
This is just a brief explanation of the field sobriety tests. If you have been arrested for DWI for either alcohol or drugs and want your case reviewed by a trained attorney, please contact my office at tmartin@jerseycriminal.com or contact us at (732) 431-2224. For more information about Thomas Hugh Martin, Esq. please view our website at www.jerseycriminallawyer.com.
