Field Sobriety Tests

In Alabama, field sobriety tests are administered to people who are suspected of driving under the influence (DUI). The purpose of the test is to determine whether or not a driver is sober.

The problem, in many cases, is that the officer has already decided to arrest the driver before giving the field sobriety tests. The test becomes less about determining sobriety then gathering evidence to use against the driver in court.

Although the officer may give more, there are only three tests that are approved by the National Highway and Traffic Safety Administration. They are the horizontal nystagmus test, the walk-and-turn test, and the stand-on-one-leg test.

Horizontal gaze nystagmus is the involuntary jerking of the eye. To administer this test, the officer will ask the driver to watch a small object, such as a pen, and watch his or her eyes as the officer moves the pen from side to side. The officer will watch the driver’s eyes, looking for nystagmus. If the driver’s eyes jerk before reaching the farthest angle, the officer can use this as a sign of intoxication. However, nystagmus can be caused by other factors, such as a brain injury.

The walk-and-turn test is what is known as a divided attention test. This test requires the driver perform mental and physical exercises. For this test, the driver will be asked to take nine heel-to-toe steps, turn around, and then walk back. The officer will watch to make sure the driver can follow directions, walk in a straight line, and balance correctly.

The one-leg-stand test is also a divided attention test. To perform the test, the driver must lift one foot six inches off of the ground while counting out loud until asked to stop. The officer will watch to see if the driver can maintain his or her balance, or if he or she sways and hops.

You are not legally required to take these tests. Many people who have been asked to take these tests have an increase in tension and anxiety, even if they have not consumed alcohol.

If you have been asked to take a field sobriety test, and arrested, it is important to contact an experienced DUI defense attorney. To find an attorney in your area of Alabama please fill out our online form. A lawyer will contact you to discuss your case.