Virginia Field Sobriety Tests
If you have ever watched a cop show, you have probably seen an officer pull over and ask the driver to perform a variety of physical and mental tasks. These are known as field sobriety tests. They are used by law enforcement agents to determine if a driver is under the influence of alcohol or drugs (legal or prescription).
One of the most common methods to determine intoxication is Horizontal Gaze Nystagmus (HGN) testing. HGN is an involuntary jerking of the eyeball that naturally occurs as the eyes look to the side. Normally, nystagmus occurs when eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. A person who is under the influence may also have problems smoothly following a moving object.
To administer the test, the officer observes the eyes of the driver as the driver follows a slowly moving object such as a pen horizontally with his or her eyes. The officer then looks for several factors in each eye, including if the eye cannot follow the moving object smoothly, or if the jerking of the eye is distinct when the eye is looking away at the furthest degree.
Divided attention testing is also common. The one-leg stand test and the walk-and-turn test fall into this category. These are tests that are easily performed when a person is sober and require you to listen and follow instructions while performing easy physical movements. Impaired drivers find it difficult to perform these tasks because they need to divide their attention between simple mental and physical tasks.
The officer checks for indicators of impairment, such as inability to maintain balance while listening to directions or loss of balance during the test.
In addition to these tests, officers pay attention to the appearance of the driver to determine whether he or she is intoxicated. The officer will evaluate the driver’s breath odor, speech, complexion, attitude, and condition of the eyes.
If you were asked to take a field sobriety test and later arrested for driving under the influence in Virginia, you need to hire an attorney. Tillotson Law practices DUI defense law exclusively. If you are interested in having our attorney contact you, please fill out our online form now.
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