Driving safely is a must. Drinking and driving can be very dangerous. Police have ways to check if a driver has drunk too much alcohol. One way is called a field sobriety test. But, what is a field sobriety test?
A field sobriety test is a set of tasks that police ask a driver to do. These tasks check if the driver is drunk. The driver can have to walk in a straight line, stand on one leg, or follow an object with their eyes. Doing these tasks helps the police see whether someone can drive safely.
In this article, we will discuss field sobriety tests, their different types, how they are done, and other important information.
What Is Field Sobriety Test?
A field sobriety test is a tool police use to check if a driver is drunk. When police think a driver may have had too much to drink, they stop the car. Then, they ask the driver to do some simple tasks. This helps police see whether the driver can walk straight, follow directions, and balance well.
When drivers can’t perform these tasks well, it can mean they are too drunk to drive safely. This test helps keep the roads safe for everyone.
Types Of Field Sobriety Tests
Field sobriety tests are different kinds of simple tasks that help police figure out if a driver is drunk. Three main tests are used all over. Besides, some other tests are not used everywhere but can still help.
These tests were developed over forty years ago and have assisted officers through the investigative process of a Minnesota DWI stop. The evidence gathered during these Minnesota field sobriety tests can not only be used as evidence against you in your DWI case.
Still, it will also serve as a basis to further an investigation that can end in your arrest. For that reason, it’s important to understand what officers are looking for, what can impact the results, and how you can be able to challenge different aspects of the tests and the results. To do that, you must understand the Minnesota DWI basics. Here are the tests:
Horizontal Gaze Nystagmus (HGN) Minnesota Field Sobriety Test
Most people are aware of this field sobriety test, but few are aware of the actual name. This test involves following an officer’s finger as she moves it before your eyes. Officers are trained to identify nystagmus in your eyes as you follow their fingers. “Nystagmus” is the rapid involuntary movement in a person’s eyes. In addition, officers are looking to see whether your eyes are tracking their fingers equally and smoothly. Although Minnesota courts have determined that HGN tests are sufficiently scientifically reliable, they still require some degree of proof that the officer administered the test correctly.
The officer must begin by explaining the test entirely to the driver. Then, the officer will hold her finger (or other stimulus) between 12 and 15 inches from the driver’s nose and slightly above eye level to force the driver’s eyes to open wider. The test consists of at least 14 passes and must take 82 seconds to administer properly.
COMMON MISTAKES: Officers often complete this test entirely too quickly. The passes must be done slowly and methodically. However, we often watch squad videos that show an officer hastily waving their finger in front of the driver in a manner that can trigger nystagmus. Other mistakes include moving too slowly, not completing enough passes, curving the stimulus, and holding the stimulus too close or far away.
Walk And Turn – Minnesota Field Sobriety Test
Another common field sobriety test is the Walk and Turn. Here, the officer will instruct the driver to take several steps, stop, pivot on one foot, and return in the opposite direction. The officer will begin by explaining those exact steps and will note whether you were paying attention and able to understand the directions.
During this field sobriety test, the officers are looking to see if the driver was able to keep their balance during the instructions, whether the driver waited to take the first step until after the directions were provided, whether the driver can maintain his balance while walking, whether the driver touches heel to toe, whether the driver has to use his arms to maintain balance, whether the driver maintains balance during the turn, and whether the driver takes the correct amount of steps.
COMMON MISTAKES: This test lacks the same level of scientific reliability found in the HGN. Instead, officers are trained to search for subjective clues of impairment. In addition, officers can influence the test results by explaining the test in a way the driver doesn’t fully understand. The test relies on the driver fully comprehending the officer’s instructions. However, for the vast majority of DWI suspects, this process is one in which the driver has no prior experience. The experience is intense, embarrassing, and beyond stressful. That is a recipe for confusion. Other mistakes include not considering injuries or other impairments that can prevent the driver from properly performing the test and the officer’s preconceived biases.
One Leg Stand – Minnesota Field Sobriety Test
The One Leg Stand test is exactly what it sounds like. During this test, the driver is instructed to hold one foot, with toes pointed forward, about six inches off the ground for thirty seconds. The driver’s arms are to remain at his side, and he will be instructed to look down at his feet.
Officers are looking for the obvious here. Does the driver put his foot down during the test? Does the driver sway while trying to stand on one foot? Does the driver hop during administration? Does the driver use his arms to maintain balance? Like the other two tests, the officer will also note whether the driver paid attention to and comprehended the instructions.
COMMON MISTAKES: The mistakes officers make here are not necessarily their own fault. Instead, the test itself is designed for failure. Although the test is simple enough to comprehend, it is difficult to complete successfully, even for a sober person. For the results of the test to be indicative of intoxication, it must presuppose that a sober person would easily be able to complete it. That just isn’t reality. Additionally, the test can be flawed for failing to take into account injuries or impairments, road conditions, the slope of the road, the amount of distractions present, the driver’s age, and the driver’s weight.
All of these tests are subject to human error. That is to say that officers do not always conduct these tests correctly. A skilled Minnesota DWI lawyer will review the police reports, watch the squad video, and listen to any audio the state provides when determining whether you have a valid basis to challenge the field sobriety tests. When you’ve been charged with a DWI, contact the experienced Minnesota DWI attorneys at Leverson Budke, P.A., as soon as possible.
Additional Non-Standardized Tests
Some non-standardized tests include saying the alphabet, counting backward, or touching the tip of your nose with your finger. These are not used everywhere but help police decide if the driver can follow simple tasks and is not too drunk to drive.
Let Us Present Your Best Defense
Do you need sound legal advice? Call us at (651) 829-3572 today or click below to schedule an appointment.
Administration Of Field Sobriety Tests
When police officers give field sobriety tests, they follow a careful process. This makes sure the tests are fair and accurate. Officers get training on how to do these tests right. Here’s how they are done:
Law Enforcement Procedures
Police officers follow strict rules when they conduct field sobriety tests. First, they make sure the place is safe and flat, which helps the driver do the test without getting hurt. Officers then explain the test clearly and observe to see how the driver does.
Standardized Testing Protocol
There are specific ways to do each test. For the eye test, officers move the object in a certain way. For the walking test, the driver walks a set number of steps. These rules ensure that every test is fair, and the same is true everywhere.
Officer Training Requirements
Officers get special training to do these tests correctly. They learn about the tests in a classroom and then practice them. This training helps them know what to look for and how to tell if someone is too drunk to drive.
Accuracy And Reliability Of FSTs
Field Sobriety Tests (FSTs) are used widely but are not always right. How well these tests work can be influenced by many things. Here’s a closer look at what can affect test results and the discussions around them:
Factors Affecting Test Results
Many things can affect the results of a field sobriety test. For example, a person older or with certain health issues, like problems with their legs or eyes, can find the test harder. Also, when the test is done in a place that’s not flat or very dark, it can affect the results.
Limitations And Controversies
Field sobriety tests are not perfect. Sometimes, they can give the wrong idea that someone is drunk when they are not. Some people argue that the tests are too hard to pass, even for sober people. Scientists and lawyers often discuss how well these tests work.
Legal Implications Of Field Sobriety Tests
Field sobriety tests play a critical role in identifying and charging individuals driving under the influence of alcohol or drugs. These tests can lead to significant legal consequences, including arrests and charges for DUI.
Role In DUI Investigations
Field sobriety tests are a big part of checking for drunk driving. When police think a driver can be drunk, they use these tests. When a driver does not do well on the tests, they can be arrested for DUI, which stands for Driving Under the Influence of alcohol or drugs.
Admissibility In Court Proceedings
The results of field sobriety tests can be used in court. They help show when a driver was likely drunk when they were driving. However, lawyers can argue about how the tests were done or if the results are reliable. The judge decides whether the test results can be used in the trial.
Alternatives To Field Sobriety Tests
While field sobriety tests are a common first step in assessing if a driver is under the influence, other methods exist. Here’s a look at some of these alternatives:
Breathalyzer Tests
A Breathalyzer is a device that measures how much alcohol is in someone’s breath. The police use it to check if a driver has drunk too much. The driver blows into the device, and it gives a number. This number shows if the driver is over the legal limit for alcohol.
Blood Alcohol Concentration (BAC) Analysis
This test is where a small sample of a driver’s blood is checked for alcohol. It’s very accurate. It can tell exactly how much alcohol is in the driver’s blood. This helps police know if the driver is too drunk to drive.
Other Sobriety Testing Methods
There are other ways to check if someone is drunk. These include tests that use saliva or urine. These tests can find alcohol or drugs in the body. However, they are not used as often as Breathalyzer or blood tests. They can still help police find out if someone has been drinking or using drugs.
Call For A Free Consultation
When you need sound legal advice, call us at (651) 829-3572 today or click below to schedule an appointment.
Ethical Considerations
When police use field sobriety tests to determine whether drivers are drunk, important ethical issues must be considered. These include how accurate the tests are and how they affect people’s privacy and rights.
Potential For False Positives And Negatives
Sometimes, these tests can make mistakes. A false positive happens when the test says a sober person is drunk, and a false negative happens when a drunk person passes the test. These mistakes can cause unfair treatment and stress for people.
Privacy Concerns And Civil Liberties
These tests can make people feel like their privacy is being invaded. For example, a blood test requires taking a person’s blood. This can raise questions about a person’s rights and how much the government can get involved in personal matters.
Impact On Driver Rights
These tests can affect drivers’ rights, such as the right to be free from unreasonable searches. Some people think these tests are too intrusive, while others believe they are necessary for public safety. It’s a balance between keeping roads safe and respecting individual rights.
FAQs
1. Are Field Sobriety Tests Mandatory?
Field Sobriety Tests are not always mandatory. In many places, you can say no if a police officer asks you to take these tests. Yet, refusing can have consequences. For example, the officer can arrest you or take you for another kind of test. Refusing can often lead to serious actions.
2. What Is The Purpose Of Field Sobriety Tests?
The main purpose of field sobriety tests is to help police decide if a driver has had too much to drink. These tests look at a driver’s ability to do simple tasks like walking in a straight line, standing on one leg, and following an object with their eyes. They are used to keep the roads safe.
3. How Many Types Of Field Sobriety Tests Are There?
There are three main types of field sobriety tests used by police. These tests include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn (WAT) test, and the One-Leg Stand (OLS) test. These tests are designed to check whether the driver is under the influence of alcohol or drugs.
Conclusion
Field sobriety tests are important tools for police to help make sure drivers are safe on the road. These tests check whether a driver has had too much to drink and can’t drive safely.
Understanding these tests can help everyone know more about safe driving and the law. It’s always best to drive carefully and follow the rules to keep the roads safe for everyone.
