Field Sobriety Tests

Field Sobriety Tests. You have been arrested for DWI (Driving While intoxicated) or DUI (Driving Under the Influence of Alcohol and/or Drugs).

What do you do now? You can’t have your drivers license suspended! You need to be able to drive to get to work! You need to be able to drive to places to do the things you have to do on a daily basis! Who do you call for the best DWI Defense help you need? Which DWI Lawyer will fight hard to keep your license from being suspended and to give your case the personal attention that it deserves?

When you need the Best DWI Defense Lawyer call:

DOUGLAS RICHARDS
ATTORNEY AT LAW

9666 Olive Blvd, #365

St. Louis, MO 63132

314-517-5756

or

636-256-7300

I am a DWI Defense Lawyer, with over 34 Years of experience. I will provide you with the Best DWI Defense available and will give your case the Personal Attention it deserves!

After you call we will set up an appointment to go over all the facts of your case. We will go over:

whether the police had probable cause to even pull your vehicle over in the first place
whether the police officer used the proper procedures to investigate whether there were the proper “clues” present to even ask you to do the Standardized Field Sobriety Tests (SFST);
whether the police properly conducted the different Standardized Field Sobriety Tests (SFST), such as the Horizontal Gaze Nystagmus Test (HGN), Vertical Gaze Nystagmus Test (VGN), Walk and Turn Test (WAT) and the One Leg Stand Test (OLS) in the specific manner as set forth by the NHTSA DWI Detection and Standardized Field Sobriety Testing Manual;
whether the police officer followed the correct procedures when they asked you to blow into the Preliminary Breath Test (PBT);
whether the police observed the proper procedures when they took you down to the station and asked you to submit to the chemical test of your breath or blood;
whether the police officer gave you the required time period in which to contact a lawyer before you submitted to these tests;
whether the police officer observed you for the proper 15 minute time period before the chemical test of your breath or blood was conducted;
whether the police officer who administered the test was even properly qualified to perform the test; and whether the chemical breath or blood tests were valid.

Lastly, I will then file the proper paperwork to request an Administrative Hearing and/or file a Petition for Review so I can get a Stay Order to stop the suspension of your drivers license!

The Improper Administration of Standardized Field Sobriety Tests (SFST)

Field Sobriety Tests. Many times, police officers have inadequate training, and the standardized field sobriety tests are not properly administered. The average police officer learned about the field sobriety tests and exercises at the police academy, and has had no training since that time. The result is that the required field sobriety tests and the testing conditions and scoring procedures are never learned, or they are forgotten or modified.

The National Highway Traffic Safety Administration (NHTSA) established a standardized set of field sobriety tests or exercises to assist the police in determining whether or not you are driving under the influence of alcohol (DUI). The standardized field sobriety tests which are usually administered in Missouri are the Horizontal Gaze Nystagmus (HGN), Vertical Gaze Nystagmus (VGN), One Leg Stand (OLS) and Walk And Turn (WAT) tests.

The February 2018 Revised NHSTA DWI Detection and Standardized Field Sobriety Testing Manual

The February 2018 Revised NHSTA DWI Detection and Standardized Field Sobriety Testing Refresher Manual

The October 2015 Revised NHSTA DWI Detection and Standardized Field Sobriety Testing Refresher Instructor Guide Manual

Horizontal Gaze Nystagmus – HGN

You might wonder what exactly what is Nystagmus and what is the police officer looking for?
Nystagmus is defined as an involuntary jerking of the eyes. Alcohol and other certain drugs can cause Nystagmus. This means a person’s eyes will “jerk” or “bounce” when they follow a smoothly moving stimulus. The eyes of an unimpaired person will follow smoothly, like a marble rolling across a table.

During the Horizontal Gaze Nystagmus (HGN) test, the police officer must tell you that he is going to check your eyes; to keep your head still and to follow a stimulus (finger, ink pen or pen light) with your eyes only; to keep following the stimulus with your eyes until I tell you to stop. You should be told to remove your glasses before taking the test. The officer must hold the stimulus 12 to 15 inches in front of your nose and slightly above eye level.

The officer is first supposed to check your eyes for possible medical impairment. At the beginning of the test, the officer must check to make sure your pupils are of equal size and look for resting nystagmus (jerking of the eyes when the eyes are stationary). Finally, your eyes must be checked to make sure they track (move) equally (together).

The officer must then check for three (3) clues in each eye: lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to 45 degrees. These clues are used to score the test.

When checking for lack of smooth pursuit, the officer starts with the person’s left eye by moving the stimulus to the officer’s right. The officer must move the stimulus smoothly at a speed that takes about 2 seconds to get the 45 degree position. The officer watches the person’s left eye to see if is able to pursue smoothly. Then the officer moves the stimulus back to his left in order to check to see if the person’s right eye is able to pursue smoothly. The officer should take about 2 seconds out and 2 seconds back for each eye. The officer should repeat this procedure, so each eye is checked 2 times.

When checking for distinct and sustained nystagmus and maximum deviation, the officer again begins with the person’s left eye. The officer moves the stimulus to the person’s left side until the left eye has gone as far to the side as possible. This is when there will be no white showing in the corner of the eye. The officer holds the stimulus and observes the eye to see if it has distinct and sustained nystagmus for a minimum of 4 seconds. Then the officer moves the stimulus back across the person’s face to check the right eye, holding that position to see if the eye has distinct and sustained nystagmus for a minimum of 4 seconds. The officer must repeat this procedure so each eye is checked 2 times.

When checking for onset prior to 45 degrees, the officer moves the stimulus towards his right, checking the person’s left eye, at a speed that would take about 4 seconds to reach the edge of the person’s shoulder. The officer watches the left eye for any signs of jerking. If the officer notices any jerking, the officer stops moving the stimulus and watches to see if the jerking continues. The officer has to check to make sure that there is still some white of the eye showing on the side closest to the ear. If there is no white showing, then the officer has taken the eye too far (more than 45 degrees) The officer then checks the person’s right eye in the same manner. The officer must repeat this procedure so each eye is checked 2 times.

Vertical Gaze Nystagmus – VGN

Vertical Gaze Nystagmus is an involuntary jerking of the eyes up and down when the eyes gaze upwards and are held at maximum elevation for about 4 seconds. The presence of this type of nystagmus is associated with very high doses of alcohol and certain other drugs.

Finally, the officer may check for vertical gaze nystagmus. This test looks for jerking of the eyes as the eyes move up and are held for about 4 seconds.

When doing the Vertical Gaze Nystagmus test, the officer positions the stimulus horizontally, about 12 – 15 inches in front of the person’s nose. The officer tells the person to hold the head still, and to follow the stimulus with the eyes only. The officer raises the stimulus until the person’s eyes are elevated as far as possible. The officer holds this position for about 4 seconds, and watches closely to see if the person’s eyes jerk.

The NHTSA DWI Detection and Standardized Field Sobriety Testing Manual sets forth specific directions and specific time requirements for moving and holding the stimulus during this Gaze Nystagmus field sobriety test. Most police officers do NOT perform this Gaze Nystagmus field sobriety test correctly! The NHTSA Manual indicates that if the police officer does not administer these Gaze Nystagmus field sobriety tests in the prescribed, standardized manner, then the validity of the field sobriety test is compromised!

One Leg Stand (OLS)

The next field sobriety test used to help the police determine if you have been driving while intoxicated is the One Leg Stand exercise. For the One Leg Stand exercise, the police officer first must properly instruct you and properly demonstrate this test to you in order for the results to be valid. The officer MUST tell and demonstrate to you the following instructions:

“Please stand with your feet together and your arms down at your sides, like this.” (Officer demonstrates)

“Do not start to perform the test until I tell you to do so. Do you understand the instructions so far?” (Officer makes sure person indicates they understand.)

Next, the officer MUST then tell and demonstrate to you the following instructions:

“When I tell you to start, raise one leg, either leg, with the foot approximately six inches off the ground, keeping your raised foot parallel to the ground.” (Officer then demonstrates.)

“You must keep both legs straight, arms at your sides.”

“While holding that position, count out loud in the following manner: ‘One thousand and one, one thousand and two, one thousand and three,’ until told to stop.” (Officer then demonstrates the counting.)

“Keep your arms at your sides at all times and keep watching the raised foot. Do you understand?”(Officer makes sure person indicates they understands, then he may perform the test.)

“Go ahead and perform the test.”

If, during the test, you put your foot down, the police officer must tell you to pick the foot up again and continue counting from the point at which the foot touched the ground. The officer must terminate the test after 30 seconds.

This is called the instructional stage. Most police officers say these instructions so fast most people do not understand what they are supposed to do.

In the performance stage of this field sobriety test, the police officer looks for the following mistakes or “Clues”:

1. That you sway while balancing – This means you are moving side-to-side or back-and-forth motion while you in the one-leg stand position.
2. That you use your arms for balance – This means you moved your arms 6 inches or from the side of your body in order to keep your balance.
3. That you hopped to maintain balance – This means you are able to keep one foot on the ground, but you have to hop in order to maintain balance.
4. That you put your foot down – This means you were not able to maintain the one-leg stand position, and put your foot down three or more times during the 30 second period.

The NHTSA DWI Detection and Standardized Field Sobriety Testing Manual sets forth these specific directions as to how a police officer is supposed to instruct, demonstrate and to grade these One Leg Stand Field Sobriety Tests. Most police officers do NOT perform this test correctly! The NHTSA Manual indicates that if the police officer does not administer this One Leg Stand Field Sobriety Tests in the prescribed, standardized manner, then the validity of the test is compromised!

Walk and Turn (WAT)

The last standardized field sobriety test is the Walk and Turn exercise. For the Walk and Turn exercise, the police officer first must properly instruct you and properly demonstrate this test to you in order for the results to be valid. The officer MUST tell and demonstrate to you the following instructions:

“Place your left foot on the line (real or imaginary).” (Officer then demonstrates.)

“Place your right foot on the line ahead of the left foot, with the heel or the right foot against the toe of the left foot.” (Officer then demonstrates.)

“Place your arms down at your sides.” (Officer demonstrates.)

“Maintain this position until I have completed the instructions. Do not start to walk until told to do so. Do you understand the instructions so far?” (Officer makes sure person indicates they understand.)

The officer MUST then tell and demonstrate to you the following instructions:

“When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.” (Officer then demonstrates 3 heel-to-toe steps.)

“When you turn, keep the front foot on the line and turn by taking a series of small steps with the other foot, like this.” (Officer then demonstrates.)

“While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud. Once you start walking, don’t stop until you have completed the test. Do you understand the instructions?” (Officer makes sure person indicates they understand.)

“Begin, and count your first step from the heel-to-toe position as ‘One.'”

This is called the instructional stage. Most police officers say these instructions so fast most people do not understand what they are supposed to do.

In the performance stage of the Walk and Turn Field Sobriety Tests, the police officer looks for the following mistakes or “Clues”:

1. That you are unable to maintain your balance while listening to the instructions – This means that you do not maintain the heel-to-toe position throughout the instructions. It is not a mistake to sway or use your arms for balance as long as you maintain the heel-to-toe position while listening to the instructions.
2. That you start the test before the instructions are completed – This means that you did not listen to the instruction where the officer told you not to start walking until he told you when to begin.
3. That you stop while walking – This means that you paused for several seconds. It is not a mistake if you are merely walking slowly.
4. That you don’t touch heel-to-toe – This means you left a space of more than a 1/2 inch between the heel and toe on ANY step.
5. That you step off the line (real or imaginary) – This means you stepped and one foot was entirely off the line.
6. That you use your arms for balance – This means you raised one or both arms more than 6 inches from the sides of your body in order to maintain balance.
7. That you do an improper turn – This means you removed front foot from the line while turning, or that you spun or pivots around instead of taking a series of small steps with the other foot; and
8. That you do not take the correct number of steps – This means that you took more or less than 9 steps in either direction.

The NHTSA DWI Detection and Standardized Field Sobriety Testing Manual sets forth these specific directions as to how a police officer is supposed to instruct, demonstrate and to grade this Walk and Turn Field Sobriety Tests. Most police officers do NOT perform this test correctly! The NHTSA Manual indicates that if the police officer does not administer the tests in the prescribed, standardized manner, then the validity of the Walk and Turn Field Sobriety Test is compromised!

Remember, help is just a phone call away. So If you have been arrested for DWI – Driving While Intoxicated or DUI – Driving Under the Influence of Alcohol and/or Driving Under the Influence of Drugs and you want a DWI Defense Lawyer who will give you the Best DWI Defense available, and who will give your case the personal attention it deserves, then call me, DOUGLAS RICHARDS. With over 34 years of experience, I can and will make a difference in your case.

Call me anytime, 24 hours a day, 7 days a week, at either

314-517-5756 or 636-256-7300

DOUGLAS RICHARDS
ATTORNEY AT LAW
9666 OLIVE BLVD, #365
SAINT LOUIS, MO 63132

[email protected]

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