OWI Field Tests

OWI Field Tests – Field Sobriety Tests

If an officer suspects you are intoxicated, you may be asked to perform owi field sobriety tests. If you chose to submit to the request, you are not required to do so, you will be asked to The driver must perform simple physical or cognitive tests. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called standardized field sobriety tests.

As with all field sobriety tests, they are subjective and dependent on the officer making the observations. It’s like someone saying they are in pain and you look at them in an effort of trying to figure out how much pain they are in.

One Leg Stand Test

The officer must first ensure that the conditions are ideal for testing. The test must be given in a safe area where the driver will not be hurt if he or she falls. The surface must be hard, flat, and dry. If the driver is over the age of 65, has a physical impairment, or is more than 50 pounds overweight, the test should not be conducted. If the testing site is appropriate, the officer must explain and demonstrate the test instructions.

The test is performed by the driver raising one foot six inches off of the ground while keeping both arms at the side. Once in this position, the driver must then count out loud to 30 out loud before putting the foot back on the ground.

The officer will watch the driver’s performance, looking for clues that the driver is intoxicated such as: swaying, using arms to balance, hopping to maintain balance, putting foot down pre-maturely, or simply an inability to complete the test. If the driver shows two or more of these behaviors, this is considered a test failure.

Walk and Turn Test

This test is demonstrated by the officer who will show you that you must take nine heel-to-toe steps forward, pivot, and then take nine heel-to-toe steps back. While performing this test, you will be asked to count out loud the number of steps that you have taken. Obviously, the surface needs to be flat and level. If you are walking around in gravel and weeds, this is not an ideal setting and may result in inaccurate evaluation.

The officer will watch for signs that you are under the influence. Signs include missing steps, taking an incorrect number of steps, having difficulty maintaining balance, turning incorrectly, and failing to count your steps out loud. If you have to use your arms to balance or you do not complete the test, the officer will count this as a failure to perform the test adequately.

Horizontal Gaze Nystagmus

This is a test conducted by the officer requesting you to follow a small object, such as a pen or pen-light. The officer is looking for involuntary jerking of the eye. For most people, this typically occurs at what is called maximum deviation. Maximum deviation is the point when you look with your eyes as far to the side as possible without moving your head. If you are under the influence, the jerking of the eyes becomes more pronounced.

The HGN test is considered the most scientific, with an accuracy rate of 77% to 88% when administered correctly by the officer. The officer is watching to see if you are able to smoothly follow the object with your eyes. The officer is also watching for distinct nystagmus when your eyes are at maximum deviation. The officer is also looking for the onset of nystagmus before your eyes move to 45 degrees.

There are three clues the officer is looking for in each of your eyes for a total of six clues. If the police officer believes that four clues were exhibited, you meet the criteria of being under the influence.

The major flaw with the HGN test is that there are over 100 different physical and medical problems that may cause nystagmus and are not related to alcohol. Poor vision and ocular blindness may cause nystagmus. Diabetes, brain tumors, and head traumas also lead to nystagmus. Since most police officers are not trained as ophthalmologists, it is almost impossible for them to say that nystagmus is caused by alcohol rather than another medical disorder.