When a law enforcement officer suspects that a driver has been drinking or is under the influence of drugs or alcohol, there are a variety techniques for gathering evidence in support of their assertion. These techniques can include objective measures of the level of intoxicants in person's bloodstream, which can be determined by employing chemical testing of a person's blood, breath, or urine. Before these techniques are employed, however, an officer generally makes a determination as to a person's sobriety based on more subjective observations, including a driver's appearance and behavior.
In an attempt to standardize the way that law enforcement determines whether a driver is intoxicated, the National Highway Traffic Safety Administration (NHTSA) and the Southern California Research Institute developed a series of tests known collectively as the Standardized Field Sobriety Test (SFST). The SFST is made up of three tests which are designed to help law enforcement determine whether a driver is intoxicated. The three tests that make up the SFST are explained below.
The Horizontal Gaze Nystagmus - The horizontal gaze nystagmus test involves observing involuntary twitching of the eye muscles that occur when the eyes move from left to right. Research indicates that this twitching occurs at lesser angles in people who are intoxicated. In order to administer the test, the officer asks the subject to track an object as he or she moves it across the subject's field of vision and observes the movement of the subject's eyes.
The One-Leg Stand - The one leg stand test is administered by asking the driver to stand with one foot raised off of the ground while he or she counts aloud by thousands. The officer administering the test looks for both cognitive and physical signs of impairment, such as incorrect counting or issues with balance.
The Walk-and-Turn - In the walk-and-turn test, the officer administering the test directs the subject to walk nine paces, heel-to-toe, along a straight line, then turn around and return the same way. During the test, the officer looks for signs of impairment, including using arms to maintain balance, starting the test before the instructions are finished, taking the wrong number of steps, and not touching heel-to-toe.
The SFST is Not Always Accurate
Even if a law enforcement officer determines that you are intoxicated based on your performance on the SFST, there are several ways that an experienced defense attorney can challenge the validity of that determination. For example, a defense lawyer may introduce evidence that the officer was not properly trained in administering the test or introduce video evidence that contradicts the officer's version of events. In most cases, the assistance of an attorney can result in a much better outcome in DUI cases, potentially avoiding certain serious legal consequences.
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