Washington State Field Sobriety Tests

When a law enforcement agent pulls a driver over on suspicion of driving under the influence (DUI), he or she will ask the driver to perform a series of field sobriety tests. Officers use these tests to determine if a driver is under the influence of alcohol or drugs.

While the officer may ask you to perform other tests, there are currently only three tests that are recognized by the National Highway and Traffic Safety Administration (NHTSA) as valid field sobriety tests. However, to be considered valid, these tests must be administered according to the guidelines given by NHTSA.

One of these tests is the Horizontal Gaze Nystagmus. To perform this test, the officer will ask the driver to follow a small object, such as a pen, with his or her eyes. During the test, the officer is looking to see if the eyeball jerks while at rest or following the object, the eyeball jerks at the farthest point it can to the side, or if the eyeball jerks before it gets to a 45 degree angle. This is supposed to indicate that the driver is intoxicated.

Unfortunately, there are other factors that can lead to nystagmus besides alcohol consumption. Head injuries, tired eyes, brain tumor, and inner ear disorders may also cause nystagmus.

The Walk-and-Turn test is also an NHTSA-approved test. To perform this test, the driver will take nine heel-to-toe steps on a straight line, turn, and then take nine steps back. If you start the test too early, miss touching heel to toe on any step, or use your arms for balance, among other things, you will fail the test.

The third test is the One-Leg Stand. During this test, you must raise one foot six inches off of the ground, keep both legs straight with the raised foot parallel to the ground, and keep your arms at your side while counting until told to stop. If you sway while balancing, raise your arms, put your foot down, or hop, you will fail this test.

If you have been subjected to one or more of these tests, you may need an attorney to represent you. An attorney who is experienced with DUI law may be able to contest these tests in court.

To speak with a Washington DUI lawyer today, please fill out our form and submit your case online today.