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Standardized Field Sobriety Tests in Washington

Posted by Aaron J. Wolff | Mar 05, 2016 | 0 Comments

When those bright red and blue lights are flashing behind your vehicle, it can be a very stressful and uncomfortable experience. While patrolling the streets, police officers look for a variety of motorist behavior to establish the ‘reasonable suspicion' required to pull a vehicle over. Some circumstances where an officer may make a traffic stop include: speeding, running through a red light, failure to raise a turn signal, swerving over the center line or fog line, or even defective equipment on your vehicle like a faulty headlight. Washington law mandates that for a person to be stopped by an officer, an actual traffic violation or a specific, stated suspicion of a crime must exist.

If an officer, in the course of the investigation of a traffic violation, has a hunch that the driver may be driving while under the influence of alcohol or drugs, he or she will most likely ask the driver to step out of their vehicle in order to perform roadside sobriety tests to determine whether the driver is over the legal limit. If you are ever in a similar situation where an officer believes you may be under the influence and asks you to participate in a field sobriety test, below is some information so you know what to expect.

Purpose and General Information of a Field Sobriety Test

In 1975, the National Highway Traffic Safety Administration (NHTSA) developed standardized methods for police officers to use when assessing a motorist who is suspected of driving under the influence of alcohol.  As a result, the NHTSA created a three-part field sobriety test that is considered legitimate and Washington law enforcement officers are trained to administer such tests. These tests allow a police officer to observe a driver's balance, attention level, physical ability, and other characteristics that may be inhibited when a person is under the influence. Often, an officer will record the driver's results from the field sobriety tests. In the event that a driver is arrested and charged with a DUI, the test results may be used as evidence in a DUI trial. The three main tests that are typically used include: the One Leg Stand, Walk and Turn, and the Horizontal Gaze Nystagmus Test.

One Leg Stand Test

The One Leg Stand test helps an officer measure a driver's coordination along with their ability to follow specific directions. The officer will ask the driver to stand with both feet together and arms to their side while listening to the officer's directions -- this causes the driver to split their attention between balancing and thought processing.  Next, the driver is asked to raise one foot approximately six inches from the ground and to count out loud in thousands until the officer tells the driver to put their foot down. This test typically runs for thirty seconds and during that time, the officer observes a driver's performance for swaying, moving their arms for balance, hopping or putting the foot down, and so on. The NHTSA has reported that the One Leg Stand is 65% accurate in gauging whether a person is at or above 10% blood alcohol concentration.

Walk and Turn Test

During this test, an officer is required to find a visible line and will ask the driver to stand on the line in a heel-to-toe position while receiving directions. The officer will then ask the driver to take nine steps along the line, heel-to-toe, then turn on one foot, and return in the same fashion -- heel-to-toe -- in the opposite direction. This task tests a driver's capability of completing tasks with undivided attention and is said to be easily completed by a majority of unimpaired persons. During this test, an officer will look to see if a testee took the wrong number of steps, stepped off the line, touched heel-to-toe, and other possible mistakes that an individual under the influence may when compared to a sober person.

Horizontal Gaze Nystagmus

The Horizontal Gaze Nystagmus test occurs when an officer has you follow a finger, pen, or other object, with the goal of observing the angle at which your eye begins to oscillate, or move back and forth.  If the eye begins to oscillate -- or display “nystagmus” -- before a 45 degree angle from center, this can be used as a factor in determining a high blood alcohol concentration.  An officer will observe how smooth the eye moves, as well as the type of oscillation of the eye.  This test is subject to many criticisms including the fact that law enforcement officers are not medically trained to determine nystagmus and estimate the angle of onset.  Furthermore, NHTSA research indicates that this test in 77% reliable in determining if a driver's blood alcohol concentration is above 10%. 

Contact Seattle DUI Defense Attorney Aaron Wolff to Discuss Your DUI Case Today

In many DUI cases, field sobriety test results are a critical component in developing a strong defense. Still, it is important to know that submitting to a field sobriety test is voluntary in Washington State.  If you or a loved one have been pulled over and charged with DUI -- whether or not you completed the field sobriety test -- consulting with an experienced DUI attorney will provide you with a better understanding of the charges against you and the best options for moving forward with your case.  

About the Author

Aaron J. Wolff

A former DUI prosecutor, Aaron Wolff has over 18 years of experience in representing people accused of DUI and is recognized as one of the leading defense lawyers in Washington State. His relentless and passionate advocacy has lead to superb ratings and outstanding reviews from former clients.

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