Driver Field Sobriety Tests Used in Washington DUI Cases

October 11, 2012

When a driver in Washington is pulled over on suspicion of drunk driving, in addition to a breath test, the law enforcement officer may administer a series of driver field sobriety tests. These tests are used to attempt to determine whether a driver is impaired by alcohol, but the officer must ask and the driver must consent to the field tests before they can be performed. The following is a brief overview of the three standardized tests used in field sobriety testing.

Horizontal Gaze Nystagmus

An officer administers a horizontal gaze nystagmus test, commonly called an HGN, by asking the driver to keep his or her eyes focused on a slowly moving object. A person's eyes normally start to jerk slightly when gazing off to the side, but a driver impaired by alcohol may show jerking before his or her eyes have turned all the way to the side and may have excessive jerking. Also, an impaired driver's eyes may not be able to follow the moving object in a smooth continuous motion.

This test must be administered with the tracking object 12- 15 inches away from the driver's eyes, and the results may be affected by lights behind the officer, which are often present during nighttime stops.

One-Leg Stand

In the one-leg balancing test, the driver is asked to stand for 30 seconds on one foot, keeping the other foot about six inches above the ground. While standing, the driver is asked to do an additional task, counting aloud, "one thousand one, one thousand two," and so forth. This is a divided attention test, which unimpaired persons can usually accomplish easily, but which is difficult for someone whose ability to pay attention has been compromised by alcohol. The officer looks for balance problems, indicated by the driver extending arms, hopping, putting down the raised foot or swaying.

Walk and Turn

In the third test, the driver is also asked to do two tasks simultaneously. The officer gives instructions to start walking while counting off nine steps, heel to toe, in a straight line. The driver must then turn around on one foot and repeat. Signs of impairment include taking the wrong number of steps, failing to touch heel to toe, losing balance while listening to the officer's directions and stepping off the straight line.

While the National Highway Traffic Safety Administration supports these tests, they are not proof of impaired driving by themselves, and anyone accused of breaking the law is innocent until proven guilty. It is important for anyone who has been stopped on suspicion of drunk driving to consult an experienced DUI defense lawyer for more information.

Article provided by The Law Offices of Smith and White, PLLC
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