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Field Sobriety Tests

Field Sobriety Testing has been a very controversial issue in the legal world over the past few years.  Some people doubt the accuracy of field sobriety tests in determining intoxication and feel that they should not be used to incriminate drivers of DUI.  Field Sobriety tests are used by Tampa and Sarasota police officers to establish probable cause to make a drunk driving arrest.  During these tests, officers will look out for certain behavior or physical actions that may be indicative of intoxication.

There are three different standardized field sobriety tests that can be used as evidence of DUI.  Although there are many other types of field sobriety tests that officers may use to establish probable cause for arrest, only these three can be used as evidence to incriminate a driver of DUI:

  • Horizontal Gaze Nystagmus Test (HGN) – Also known as the “eye test,” this field sobriety test involves an officer moving a pen or another object in a number of ways while the DUI suspect watches it with their eyes.  During this test, the officer is looking for something called Nystagmus, meaning the jerking or bouncing of the eye as it moves, indicating a neurological impairment that occurs when alcohol is in the system.
  • Walk & Turn Test – During this field sobriety test the subject is asked to walk nine steps touching heel to toe in a straight line.  The officer will score this test by taking off points for things the subject does wrong, such as stepping off the line, failing to touch your toe to your heel, taking the wrong number of steps, using your arms for balance, or stopping to balance yourself.
  • One Leg Stand – When this field sobriety test is administered, the subject is told to stand on one foot, raising their other foot about 6 inches off the ground while counting to 30.  Like the walk and turn test, certain actions will be noted against your score such as hopping or bouncing for balance, swaying, putting your foot down, looking at your foot, or using your arms to balance.

To find out more information about field sobriety tests and to determine if the test you took could be used against you in court, contact a DUI Defense attorney at Musca Law today!





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