Field Sobriety Tests in Palm Springs, California

After being pulled over for suspicion of DUI, one of the most common ways that a law enforcement officer will determine whether a subject is actually intoxicated is through the administration of field sobriety tests. Unfortunately, while these are used consistently throughout the nation, they are not completely reliable. In fact, even the most reliable of tests fall short of perfect and, worse, many officers lack proper training or will use tests that are not even standardized. This can lead to poor performance by even sober drivers.

Three Tests Standardized by the NHTSA

To help with erratic and inconsistent field sobriety tests, the National Highway Traffic Safety Administration (NHTSA) standardized three tests that they believe are the most accurate when administered correctly. These three tests compose what is known as The Standardized Field Sobriety Test (SFST). The NHTSA also developed and makes formal training available so that law enforcement officers are better able to detect intoxication.

Below, we explain the battery of tests administered under the SFST:

• HGN Testing: HGN testing is done to test nystagmus, which is the involuntary movement of the eye. This is normal and typically occurs when eyes are rotated at certain angles; however, certain testing has shown that it may be exaggerated when a subject is impaired by alcohol. Therefore, to test horizontal gaze nystagmus (HGN), an officer will hold a pen or other object several inches from the eye. They will then slowly move this object horizontally, asking the subject to follow the motion. There are three separate signs that can be taken as signs of impairment: the inability to follow the object, distinct jerking at maximum deviation, and jerking onset within 45 degrees of center. Research conducted by the NHTSA shows that this is accurate approximately 88 percent of the time.


• Walk-and-Turn: This is known as a "divided attention" test, where the subject is given instructions and then expected to perform a series of simple motions. In the Walk-and-Turn test, the subject is asked to walk in a straight line for nine steps, with their heel touching their toe, then turn on one foot and return to the beginning. While simple, there are several different indicators that an officer could take as the subject being intoxicated. This includes beginning before the officer finishes giving the instructions, stopping or using arms to regain balance, turning improperly, not touching their heel to their toe, or taking an incorrect amount of steps. Research shows that this test is accurate approximately 79 percent of the time when two or more indicators of failure are shown.


• One-Leg Stand: Another version of a divided attention test, the One-Leg Stand requires the subject to stand on one foot and raise their other foot six inches off the ground. While standing like this, they are required to count aloud by the thousands until requested to stop, usually 30 seconds. Again, this is simple, but there are several indicators that may show to the administrating officer that they are not sober, such as hopping, swaying or using arms to balance, as well as putting the foot down early. Research shows that this test is accurate approximately 83 percent of the time when an individual demonstrates two or more indicators of failing this test.

The NHTSA also requires that these tests be performed under very strict conditions. This includes placing the subject on dry, hard, level, and non-slippery surface, with enough room to complete the test. There also needs to be adequate amounts of light so that the subject can see the ground and no disruptive noise. When used together, and done correctly, the SFST is shown to be accurate 91 percent of the time. Other than the SFST, law enforcement officers may administer non-standardized field sobriety tests, such as the hand pat test, finger-to-nose, finger count, and other. Since these tests have not been standardized and researched by the NHTSA, they are even less reliable.

Are field sobriety tests reliable?

Unfortunately, field sobriety tests are designed for you to fail; they are not there to help prove your innocence-rather, your guilt. These tests, however, are not bulletproof and even if you were told that you failed, it does not mean that you will automatically be convicted for drinking and driving; these have many weaknesses that can be contested by a good Palm Springs criminal defense lawyer. For example, the subject may have a physical or mental impairment that makes them incapable of passing even when sober, such as being overweight, elderly, sick, having inner ear problems, brain damage, or being particularly susceptible to nerves. Other weaknesses that may be attacked include the officer moving instead of remaining motionless, the subject wearing unsuitable attire (such as high heels), the test being done in poor environmental conditions, the officer administering non-standardized tests, or the instructions being given incorrectly.

How a Palm Springs DUI Lawyer Can Fight for You

If you have been arrested for drunk driving, turn to the Law Office of Joseph T. Rhea. With extensive local experience, he has been able to help countless individuals to protect their legal rights after a DUI arrest, and has been recognized for his work. For example, Palm Springs lawyer Rhea was named top DUI lawyer in the Coachella Valley by Palm Springs Life Magazine every year since 2010.

If you are looking for someone who will stand up and fight for you, you need not look any further. Contact the Law Office of Joseph T. Rhea today to get an award-winning attorney on your side.