Orange County Field Sobriety Tests
Field Sobriety Tests (FST) are physical agility exercises that are used as indicators of a driver's impairment. These are voluntarily and you are not required to take them. You can simply refuse politely, unlike blood or breath tests which are mandatory. There is a strong possibility the law enforcement officer will not inform you that these tests are optional.
 The National Highway Transportation Safety Administration (NHTSA) sponsored the research and development of Standardized Field Sobriety Test (SFST). In 1981 the NHTSA accomplished the creation of the SFST. Their model consists of three physical agility tests and the NHTSA suggests all law enforcement agencies use this standardized field sobriety testing.
A law enforcement officer may not use the NHTSA recommended standardized field sobriety test or they may use a portion of the SFST along with other physical agility tests. This can open the door for a DUI attorney to question the validity of the field sobriety test. Other reasons to questions the validity of the SFTS or any FST is the original reason for the testing, which was to help law enforcement officers to determine if they should make a DUI arrest. A field sobriety test was not designed to be evidence that a person was intoxicated. Below are the three tests that make up the National Highway Traffic Safety Administration's Standardized Field Sobriety Test:
- The Horizontal Gaze Nystagmus (HGN) Test.
- The Walk-and-Turn (WAT) Test.
- The One-Leg Stand (OLS).
The Horizontal Gaze Nystagmus (HGN) Test
The officer positions an object 12 to 15 inches from the driver's nose and just above eye level. The driver is instructed to keep their head still and follow the object with their eyes only. The officer moves the object from side to side watching the driver's eyes. The officer is looking for any obvious jerking of the eye or if the eye cannot follow the moving object smoothly. There may be other reasons the driver may have difficulty with this test, such as they are on certain medications.
The Walk-and-Turn Test (WAT)
This is a test that requires the driver to listen and follow instructions while performing simple physical movements. These movements are easily performed by unimpaired drivers. However impaired drivers have difficulty performing the tests. An impaired driver finds it hard to divide their attention between simple mental and physical exercises. In the walk-and-turn test, the driver is instructed to take nine steps, heel-to-toe, along a straight line. At the end of the nine steps, the driver must turn on one foot and return heel-to-toe along the same straight line, again taking nine steps.
The officer is looking for the following:
- The driver is unable to keep their balance while listening to the instructions.
- The driver begins before the instructions are finished.
- The driver stops while walking to regain their balance.
- The driver does not touch heel-to-toe.
- The driver steps off the line.
- The driver uses their arms to balance.
- The driver makes an improper turn.
- The driver takes an incorrect number of steps.
The One-Leg Stand Test
The driver is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands, such as one thousand-one, one thousand-two, one thousand-three, etc. The do this until the officer tells them to stop. The officer times the driver for 30 seconds. The officer is looking for any indications that the driver cannot keep their balance, such as swaying, body tremors, using their arms to balance themselves, putting their foot down, or any statements the driver makes to support they are intoxicated.
Although the following are not part of the Standardized Field Sobriety Test from the National Highway Traffic Safety Administration, they are often used by law enforcement officers.
Finger to Nose Test
The driver is told to stand with their feet together. Then they are told to close their eyes and bring their index finger to their nose. The officer looks for body swaying, body tremors, eyelid tremors, muscle tension, or any statements made by the driver to support a finding of intoxication.
The Rhomberg Balance Test
The driver stands at attention, closes their eyes, tilts their head back, and holds this position for 30 seconds. The driver is to estimate when the 30 seconds is over. The officer looks for the inability to stand still or steady, eyelid tremors, muscle tension, opening their eyes to maintain balance, side to side body swaying, front to back body swaying, body tremors, or statements made by the accused. Additionally, the officer is testing the driver's internal clock, which typically is fast if stimulants are involved or slow if alcohol or depressants are involved.
Preliminary Alcohol Screening (PAS) Test
This is a breath test taken on a portable breath machine to help law enforcement officers decide if an arrest should be made. The PAS machine is known to not be unreliable. As with the other field sobriety tests, this test is voluntary, unless you are under the age of 21.
The officer may also conduct other tests with the driver such as, counting backwards, reciting the alphabet, clapping hands or finger tapping.
The function of a field sobriety test is to check the driver's divided attention. Divided attention is a necessary skill in operating a motor vehicle. The downfall to this kind of testing is there are many valid reasons an individual cannot execute these tests to the satisfaction of the officer. If the officer decides you have failed the FST, the result is a DUI arrest.
Regardless of which field sobriety tests you may have taken, a qualified and experienced DUI defense attorney will know how to combat them in court.
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