Field Sobriety Tests - Attorneys.Media - Legal Expert Interviews & Trusted Advice

Videos tagged Field Sobriety Tests

To Test or Not to Test? Attorney Regina Tsombanakis on DUI Arrests Regardless of Testing

Proven DUI Defense: What Happens When You Refuse Tests

Decoding Field Sobriety Tests: Attorney Kirk Tarman Reveals Key Clues in DUI Arrests

Video – DUI Attorney Kirk Tarman Explains The Clues Behind The Different Types Of Field Sobriety Tests In A DUI Arrest

Video – DUI Attorney Kirk Tarman Explains The Purpose Behind The Field Sobriety Tests In A DUI Arrest

PAS Pen Unveiled: Attorney Kirk Tarman on Preliminary Alcohol Screening in DUI Stops

Video – DUI Attorney Kirk Tarman Explains The Use Of The Preliminary Alcohol Screening (PAS) Pen At A DUI Arrest

Decoding Field Sobriety Tests: Are They Set Up for Success or Failure? Insights from Attorney Kirk Tarman

Video – DUI Attorney Kirk Tarman Explains Whether Field Sobriety Tests In A DUI Are Designed To Fail Or Pass

To Test or Not To Test: Attorney Kirk Tarman on Refusing Field Sobriety Tests during DUI Stops

Video – DUI Attorney Kirk Tarman Explains Why You May Want To Refuse Those Field Sobriety Tests In A DUI Arrest

Field Sobriety Tests: Essential Knowledge for Drivers and Legal Professionals

Field sobriety tests (FSTs) are commonly used by law enforcement officers during traffic stops to determine if a driver is impaired by alcohol or drugs. These tests assess a driver’s physical and mental proficiency, such as balance, coordination, and the ability to perform tasks that require divided attention.

The most common field sobriety tests include the Horizontal Gaze Nystagmus (HGN) Test, the Walk and Turn (WAT) Test, and the One-Leg Stand (OLS) Test. The HGN Test involves tracking an object with the eyes to detect involuntary jerking, indicative of impairment. The WAT Test assesses a driver’s ability to walk in a straight line and turn while maintaining balance. The OLS Test requires standing on one leg for a specified period to evaluate balance and concentration.

Each test has specific clues or signs of impairment that trained officers look for. For example, in the HGN Test, officers observe for lack of smooth eye tracking and distinct nystagmus at maximum deviation. In the WAT and OLS Tests, clues include the inability to maintain balance, improper stepping, using arms for balance, and incorrect completion of the test steps.

It’s important to note that these tests are not infallible and can be influenced by various factors, including medical conditions, environmental conditions, and individual differences. The tests are subjective, and the interpretation of results can vary between officers. This subjectivity has led to critiques from DUI defense lawyers, who argue that the tests can produce false positives and are often designed for failure.

The consequences of refusing a field sobriety test vary by state. In some states, refusal can result in additional penalties, such as a

suspension of driving privileges. Conversely, in other jurisdictions, refusal can lead to an automatic arrest. This highlights the importance of understanding your rights and the implications of either participating in or refusing field sobriety tests.

Field sobriety tests are often challenged in court, particularly regarding their administration and interpretation. Various defense strategies include questioning the officer’s training and the test conditions, as well as pointing out any inconsistencies in the test procedures. Skilled DUI defense attorneys often scrutinize these tests for any procedural errors that could impact their validity.

Despite the challenges associated with field sobriety tests, they remain a widely used tool by law enforcement to establish probable cause for DUI arrests. However, it is crucial for individuals to be informed about their rights and the legal implications of these tests. If you are arrested for DUI based on field sobriety test results, consulting with an experienced DUI attorney is essential for understanding your legal options and developing an effective defense strategy.

For more comprehensive information on field sobriety tests, their types, legal implications, and how to challenge their results, you can refer to these sources: