DUI Investigation and Standard Field Sobriety Tests
The very first drunk driving law was enacted in New York in 1910. It was nothing like the DUI as we know it today. There was no standard for measuring the level of intoxication, and it was upon law enforcement to determine who was too intoxicated to drive.
Such broad discretion does not exist today. Instead, most states, including Washington, DC, have standard sobriety tests designed to determine the level of intoxication in a driver suspected of DUI. Since investigations can be contested, speaking to Washington, DC criminal defense lawyer, David Benowitz, is a smart move.
The police use standardized field sobriety tests to investigate a driver's impairment level to establish probable cause for an arrest before they are subjected to a chemical test.
Type of Sobriety Tests
Horizontal Gaze Nystagmus
Horizontal gaze nystagmus is an eye condition characterized by jerking of the eyes from one side to another when the person attends to gaze laterally from side to side. When performing this test, the officer shines a pen light and has the subject follow it with their eyes.
If the person is intoxicated, following the lights smoothly becomes a challenge, which is indicative of intoxication. However, it is important to note that it can also be a result of a medical condition, so it cannot be a conclusive method of determining if a driver is intoxicated and cannot be used as the only basis for pressing criminal charges.
Walk and Turn Test
Law enforcement officers usually conduct this test after a Horizontal gaze nystagmus test. It's unlikely that a person will fail both tests while not intoxicated unless they are suffering from some form of disability.
This test involves having the subject take heel-to-toe steps in a straight line and then turn on one foot to walk the nine steps in the opposite direction from where they began. The police will be looking at the subject's ability to follow instructions and keep balance, both of which can be affected by drugs and alcohol in the system. The testing officer then gives a score based on the subject's performance, with a score of 68 percent or below indicating a likelihood of intoxication.
One-Leg Stand Test
Standing with one foot on the ground can be a challenge even when you are not intoxicated, but you can still manage with little to no effort. An intoxicated person, not so much because alcohol impairs balance.
When running the test, law enforcement officers ask the subject to lift one leg at least six inches from the ground while counting for 30 seconds. They usually look at four indicators: problems with balance, putting the foot down occasionally, swaying, and using arms to balance. If a driver manifests two or more indicators, there is a high chance they are over the allowable BAC limit.
What Happens After a Sobriety Test
There are two outcomes of a sobriety test: passing and failing. If you pass the sobriety test, the police will probably let you go. If you fail the test, you will likely be arrested on the spot for further investigation and testing.
You have the right to refuse a sobriety test, including chemical testing. But it is not a good idea as it can lead to consequences similar to being convicted of a DUI or even worse. Also, the police can still arrest you if they have reason to believe you are intoxicated.
A conviction for DUI, while seemingly minor, can significantly impact your everyday life. So, whether you are sure of your innocence or not, get a Washington, DC criminal defense lawyer to better your chances of a favorable outcome.
Conclusion
DUI charges can carry lasting consequences, even for a first offense. With field sobriety tests open to interpretation and possible error, it’s wise to consult an experienced Washington, DC criminal defense lawyer like David Benowitz to protect your rights and challenge questionable evidence effectively.