Those arrested for driving under the influence (DUI) may remember with regret their roadside sobriety tests. These tests are used as a screening procedure by law enforcement when they suspect a driver of being under the influence. To find out more about these tests and why they are not often used as evidence in court, read on.
Physical Sobriety Testing
Even those who have never been arrested for anything will recognize the walk-and-turn test, the horizontal gaze nystagmus test, and the one-legged stand test. If you have been arrested for DUI, you were probably put through these tests on the side of the road. However, the results of the tests are not enough to attain a DUI conviction. Rather, they are used to screen those who may have been drinking so that a more accurate biological test may be administered at the station.
Walk-and-Turn
This test instructs the suspect to stand and walk, heel to toe, several feet. When they reach the end of the line, they must spin around and go back to the starting point. The test is supposed to help the officer judge things like following directions and balance, two things impaired drivers might find challenging.
However, perfectly sober people also may find it challenging to perform the test correctly if they have balance issues, problems with their hips or knees, or neurological issues. In addition, participants may have difficulties with roadside conditions like uneven surfaces, glare from oncoming headlights, and more.
Horizontal Gaze Nystagmus
This test is named after an eye condition that causes the sufferer to be unable to focus due to continuous jerking of the eye muscles. You may not know it by this name, but you will recognize it as the test in which the subject must follow a moving object with their eyes only. They must not turn their head to follow the object, such as a penlight, as the officer moves it around. Tracking the light by using eye movement only can be tricky for many people who are not inebriated, however. Vision and neurological problems will prevent some from passing this test along with those who are intoxicated.
The One-Legged Stand
As the name indicates, the subject is instructed to stand on one leg and count using a certain pattern (1 100, 2 100, and so on). As with the walk-and-turn test, however, many won't be able to perform the test because of muscle, bone, and neurological issues.
If you have been arrested after completing the above tests, they are not likely to be admissible as evidence because of the issues mentioned. Speak to a criminal defense attorney about having this and other inaccurate forms of evidence tossed out of your case.
Contact a DUI attorney to learn more.
