The process of detecting driving while intoxicated (DWI) offenses begins when a law enforcement officer suspects a potential alcohol-related traffic offense may be occurring, and it does not end until the officer decides to arrest or not arrest a subject for DWI. Conduct that occurs during the time period from when a driver is first observed by the officer until an arrest decision is made is regulated by the National Highway Traffic Safety Administration's (NHTSA) DWI Detection and Standardized Field Sobriety Testing Manual.
The NHTSA guidelines were set up to help make the tests more accurate. They are now called the "standardized field sobriety tests". The tests include the one leg stand test, the walk and turn test, and the horizontal gaze nystagmus test (follow the pen test).
During the tests, the officer will observe the driver's performance. The officer is looking for specific clues that the driver is intoxicated such as: excessive swaying, using arms to balance, hopping to maintain balance, putting his or her foot down, or inability to complete the test. If the driver shows two or more of these behaviors, this is considered a test failure and the driver may be arrested for driving under the influence.
Officers may also administer other, non-standardized tests, which might include standing with feet together and tipping the head backwards, counting the number of fingers that the officer raises, reciting the alphabet or a portion of it, or counting backwards.
Of significance, it has been found that healthy, sober individuals who take the one leg stand test only pass 65% of the time, and walk and turn test only 68% of the time. Furthermore, persons who are injured, have medical conditions, are 50 pounds or more overweight, or are 65 years of age or older, cannot be validly judged by any of the standardized tests. And there are no studies that validate the reliability of the alphabet, counting, finger to nose, or other field sobriety tests.
Currently, most law enforcement officers have video cameras in their patrol cars and videotape the driver's performance on the field sobriety tests. These videos can provide the best defense to poorly administered tests and biased interpretations from arresting officers.
You can learn extensive knowledge about sobriety tests and how they are administered. Contact us today at (573) 355-9270 to schedule your free consultation and case review. The law office of Holder Susan Slusher Oxenhandler, LLC offers experience and expertise when defending against DWI related charges. Let us work for you.
