Field Test Evidence
The Standardized Field Sobriety Tests (SFSTs),
are the Horizontal Gaze Nystagmus, Walk and Turn
and One Leg Stand. Physical conditions affecting your
brain, eyes, or parts of your body involved in standing
or walking may negatively affect your performance on these
tests.
During the Horizontal Gaze Nystagmus you follow a
stimulus with your eyes while the officer looks for:
- Slight jerking of the eyeball while following
the stimulus;
- Distinct jerking at the farthest point;
- Jerking prior to an angle closer to a
forward gaze.
During the Walk and Turn, you receive
a barrage of instructions but no opportunity to practice.
Imagining a straight line, you must take nine heel-to-toe
steps up, then back. If you score more than ONE of the following
"clues", you have failed:
- Start before being told;
- Cannot keep balance during instruction
phase;
- Step off the "imaginary" line;
- Miss heel to toe;
- Stop walking;
- Use arms to balance;
- Improper number of steps;
- Improper turn.
During the One Leg Stand, you receive
instructions but no practice. You must raise one leg six
inches while counting, "one thousand and one, one thousand
and two" and so forth until told to stop. More than
ONE of these "clues" is a fail:
- Sway while balancing;
- Raise arms;
- Put foot down;
- Hop.
The officer may have administered other
tests, but only these three are standardized and "validated".
However, to be valid, they MUST be administered in the prescribed,
standardized manner. Our Washington DUI/DWI Defense Attorneys are trained NHTSA SFST administrator.
If the officer improperly administered your tests, or if
they were not done voluntarily, vigorous cross-examination
can devastate the prosecutor's case, and may lead to an
acquittal, dismissal or a reduced charge.
The
officer probably then asked you to give a breath test.
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