Field sobriety tests are conducted by law enforcement officers following the traffic stop. The officer must have reason to believe that you are operating a motor vehicle under the influence of intoxicating alcohol or drugs. This is typically accomplished through the officer's observations including bloodshot eyes, slurred speech, or the smell of alcohol on the driver's breath. Then, the officer asks the driver to step out of the vehicle to perform certain field sobriety tests. One of the initial tests typically performed is "the alphabet" or the "ABCs". They often ask the driver the recite the alphabet, without singing, and sometimes they ask the driver to perform the alphabet backwords. Another test utilized is to count down from a number backwords and stop at a certain number. For example, they will ask a suspected DWI driver to count down from 27 backwords and stop at 11. The key is to recite every number clearly and to make sure to stop at 11. Many times people forget to stop and count down all the way from 27 back to 1.
Law Enforcement's Observations of the Driver
The police examine all aspects of an individual's behavior when they are suspected of drinking and driving. This includes:
- Ability to Walk: Unable to Walk, Falling, Staggering, Swaying, and Grasping for Support
- Ability to Stand: Swaying, Unable to Stand, Continual Leaning, Sagging at Knees, and Feet Wide Apart for Balance.
- Speech: Shouting, Slobbering, Slurred, Rambling, Incoherent, Whispering, and Boisterous.
- Demeanor: Fighting, Indifferent, Antagonistic, Polite, Sleepy, Excited, Cooperative, Calm, and Crying.
- Actions: Punching, Resisting, Kicking, and Threatening
- Eyes: Bloodshot, Watery, and Droopy Eye Lids.
- Clothing: Mussed, Partly Dressed, Neat, and Vomited On.
- Hand Movements: Fumbling or Slow
- Face: Flushed or Pale
- Odor of Alcoholic Beverage: Yes or No?
It is often based on these observations that the police officer believes the driver is operating the motor vehicle under the influence of alcohol. As a result, Field Sobriety Tests are conducted.
Field Sobriety Tests: The Horizontal Gaze Nystagmus Test
The Horizontal Gaze Nystagmus Test (HGN) is one of the Field Sobriety Tests typically conducted by law enforcement when investigating a DWI offense. Essentially, the test is administered by the police officer who holds an object, usually a pen or a flashlight, vertically between twelve (12) and sixteen (16) inches from the driver's face, just above eye level. The driver is instructed to keep his or her head still and to follow the object only with the eyes. The administrator will then move the object slowly from side to side. The object of the test is to determine if the eye can maintain focus on the object or is "jerking" or "bouncing" side to side. Alcohol effects the brain's ability to control the driver's eyes and eye muscles and results in increased jerking or bouncing of the eyes. An individual is likely to fail the test if there is an inability to follow the object smoothly, if the individual is unable to maintain focus on the object, and there is increased jerking or bouncing of the eye based on alcohol consumption.
Field Sobriety Tests: The Walk and Turn Test
Most individuals are familiar with the "Walk and Turn" test utilized by law enforcement officers to determine a driver's level of intoxication. This is the famous "walk a straight line" test attempted by many party goers to show that they are not intoxicated or drunk. Some of us are better at it then others.
The test requires that the driver stand on a line with his feet in a heel to toe position, left foot in front of the right. The driver should keep his arms at his sides, listen to the complete instructions, and he or she should not begin until told to do so. The driver is instructed to take nine (9) steps along the straight line, heel to toe, while counting the steps out loud and watching his or her feet. When he or she gets to the end stop and return in the same manner.
Some of the typical reasons for failure of the walk and turn test include:
- Driver starts the test before the instructions are completed or they are told to begin
- Driver can't maintain balance while listening to instructions
- Stops walking to steady self
- Does not touch heel to toe
- Loses balance while walking (steps off the line)
- Uses arms for balance (raises arm over six (6) inches)
- Loses balance while turning, turns incorrectly
- Incorrect number of steps
- Cannot do test (steps off the line three or more times)
Field Sobriety Tests: The One-Leg Stand Test
The One-Leg Stand test is the third field sobriety test which is frequently utilized by law enforcement officers. This test requires that the driver stand with her feet together and her arms at her sides. The driver then must stand with one foot (either foot) six (6) inches off the ground, toes pointed out, while counting aloud (one thousand one, one thousand two, one thousand three, etc.). The driver must also look at the raised foot, keep the foot raised until told to stop, and do not hop, sway, or use your arms for balance.
The most common reasons a driver fails the One-Leg Stand Test are:
- Sways while balancing
- Uses arms to balance (raises arms over six (6) inches)
- Hopping
- Puts foot down
- Cannot do test (puts foot down three times)
These three tests are the most commonly used Field Sobriety Tests in New Jersey. If you have further questions regarding DWI charges in New Jersey, please contact the DWI lawyers at the Iler Law Firm for a free initial consultation.
