Texas Field Sobriety Tests
If you have recently been pulled over on suspicion of driving while intoxicated (DWI) in Texas, the police officer probably asked you to perform a series of physical and mental tasks, such as walking in a straight line or standing on one foot. This battery of tests is referred to as Field Sobriety Tests.
Standardized Field Sobriety tests are a series of three tests that were developed by the National Highway Traffic Safety Administration (NHTSA) in the late 1970’s. In 1981, police departments started using the NHTSA’s Standardized Field Sobriety Test battery when pulling over drivers who were suspected of drunk driving.
One of the tests that is used by law enforcement agents is the Horizontal Gaze Nystagmus test. Nystagmus is an involuntary jerking of the eye. When a person is impaired, this jerking becomes even more noticeable.
To administer the test, the police officer will have the driver follow a small object, such as a pen or flash light, with his or her eyes. The officer will watch the driver’s eyes to see if he or she can smoothly follow the object. The officer will also check to see if the driver’s eyes start jerking before reaching a 45 degree angle.
The problem is that the officer often fails to properly administer the test. It is important for your lawyer to watch the videotape to make sure the test was properly administered.
Another test that is administered is the walk-and-turn test. There are two stages to this test – the instruction stage and the walking stage. During the instructions, the driver must and with his or her feet in a heel-to-toe position. The driver must then take nine heel-to-toe steps, turn, and take nine steps back with counting out loud.
During the test, the officer is looking for clues of intoxication. Starting too soon, using arms for balance, taking the wrong number of steps, and not staying on the lines are a few of the things that can make the driver fail the test.
The last test is the One-Leg Stand test. To perform the test, the driver must raise one leg off of the ground 6 inches, with the toes pointing out, keeping the legs straight. While looking at his or her foot, the driver must count until told to stop.
Once again, the officer is looking for clues of intoxication. Swaying while balancing, using arms to balance, hopping, and putting the foot down are some things that can make the driver fail the test.
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