Field Sobriety Tests Used in Virginia DUI Convictions

Field sobriety tests results are commonly used by Virginia courts in DUI convictions.  The purpose of conducting field sobriety tests is to obtain evidence that an individual is driving under the influence of alcohol, or DUI.  Field sobriety tests are instructed by the officer on the scene after determining that a suspect might be driving under the influence.

The three standard field sobriety tests were developed by the National Highway and Traffic Safety Administration (NHTSA).  They are designed to determine if an individual is impaired for probable cause to arrest for a DUI.  As they are considered the standard tests, they are the most common fst’s used in Virginia.

The most important thing to remember about field sobriety tests in Virginia is that they are voluntary.  The officer cannot force you to take these tests.  However, refusal to take the field sobriety tests may be introduced into evidence as conciousness of guilt.

Divided Attention Tests

Field sobriety tests are divided attention tests.  The purpose of field sobriety tests in Virginia are two-fold.  First, these field sobriety tests are used to determine if the individual can understand directions.  Second, they are used to determine if the individual can perform certain physical dexterity tests.  It is called a divided attention test because the police officer is trying to test whether the individual can pay attention and perform at the same time.  This means that these field sobriety tests determine if the accused person can follow directions while performing another task.

There are three common field sobriety tests that officers in Virginia use to determine if an individual is impaired to drive under Virginia’s dui statute.  These are the nine step walk and turn, the one leg lift, and the HGN test.

Apparently, individuals whore impaired by alcohol have difficulty dividing their attention between listening to instructions and performing physical acts.

Nine Step Walk and Turn

The first of the divided attention field sobriety tests in Virginia is the nine step walk and turn.  The nine step walk and turn requires the accused to walk nine steps in a straight line, heel to toe.  The individual then must turn around and walk nine steps back, heel to toe.  While performing this test, the officer is trained to look for “cues,” or indicators, that one is impaired.  There are eight indicators of impairment:

• If the individual loss balance while listening to the instructions
• Starts to early
• Stops during the walking to fix his balnce
• Fails to touch heel to toe
• Walks off the line
• Uses his or her arm for balance
• Turns improperly
• Does not walk the correct number of steps

If the individual exhibits at least 2 cues, this would indicate the person has a BAC over .08%..

One Leg Stand

The second of the divided attention field sobriety tests is the one leg stand.  The one leg stand requires the accused to lift one leg 6 inches off of the ground.  He or she must hold it there until the officer tells the person that he or she can put his or her foot down, counting the whole time.

The officer is trained to look for:

• Swaying
• Using arms for balance
• Hopping
• Putting his or her foot down
• Two or more indicators indicate a BAC over .08%.

HGN

The third most common field sobriety test, while not a divided attention test, is the HGN.  The HGN test is designed to look for an involuntary jerking in the eye as it moves from side to side.   The officer has the individual follow an object from side to side, only moving his or her eyes.  If the individual exhibits 4 “cues”, this indicates to the officer that the indivudal is likely impaired.  This involuntary jerking of the eye can indicate impairment because people under the influence of alcohol woill exhbit the eye jerking at less extreme angles than people who are not impaired from alcohol.

The indicators that the officer is trained to look for in each eye are:

• The eye cannot follow a moving object smoothly
• Jerking is distinct at maximum deviation
• If the angle of onset of jerking is within 45 degrees of the center.

The test allegedly can determine that if the individual exhibits 2 of these clues in each eye, or 4 clues total, he has a blood alcohol level of .08 or more.

The NHTSA manual itself states that there are other causes for nystigmus, including valid medical conditions.  As such, this field sobriety should always be challenged by a Fairfax DUI lawyer.

Flaws in the NHTSA Field Sobriety Tests

There are a number of procedures that police officers in Virginia are required to follow when performing these field sobriety tests.  For example, the test should be performed on flat, dry ground.  The officer should determine if the individual has any physical or mental conditions that would prohibit him or her from performing the test.