Field Sobriety Tests
If a driver chooses to perform the field sobriety tests, they will first be asked to step outside of their car. The driver will then be asked to complete certain tasks such as touching their finger to their nose, walking and turning, and following a pen from side to side with their eyes. The officer will observe the person as they perform the field sobriety tests and take note of the person's performance on each test.
It is important to note that some people have difficulty performing Field Sobriety Tests. This could be for many reasons, including poor instructions, fatigue, weather conditions, and nervousness. Each test's degree of difficulty may also impact a person's ability perform. Scientific studies sponsored by the Federal Government have shown that most field sobriety tests are unreliable, which has led some law enforcement agencies to adopt a set of 3 Standardized Field Sobriety Tests which include Horizontal-Gaze-Nystagmu(HGN), Walk-and-Turn, and One-Leg-Stand,
Horizontal Gaze Nystagmus (HGN) Test
The Horizontal Gaze Nystagmus test, also known as HGN test, is actually an eye examination. The officer will hold a stimulus, such as a pen or finger, about 12 to 15 inches from the driver's face. The officer will tell the driver to keep their head still and follow the stimulus with their eyes. The officer will then move the object from side-to-side while watching the driver's eyes. If the driver's eyes fail to smoothly track the stimulus, involuntarily jerk or tremble at the extreme outer edge of vision, and display an onset of nystagmus prior to forty-five (45) degrees, it can be interpreted as a sign that the person is impaired by alcohol.
Walk and Turn Test
During the walk and turn test, the officer asks the person to take nine heel-to-toe steps, stop, turn, and take nine more heel-to-toe steps. While the person performs the test, the officer will look to see if he or she can follow instructions, maintain balance, and stay on a designated line.
One Leg Stand Test
During the one leg test, the person will be asked to stand with their heels together and their arms at their side. The officer will then ask the person to raise one leg six inches off of the ground and to count out loud until told to stop. The officer will watch to see if the person loses balance, sways, or puts their foot down.
If you have been arrested for DWI in Austin, being represented by a qualified attorney is critical. A qualified DWI/DUI attorney will protect your rights, inform you of your legal options, investigate the circumstances of your arrest, and question law enforcement officers and other witnesses. Additionally, a skilled Austin DWI attorney will provide the resources and aggressive defense to successfully fight your DWI charges.
