The National Highway Traffic Safety Administration (NHTSA) recognizes three (3) standardized field sobriety tests (SFSTs): the horizontal gaze nystagmus, the walk-and-turn and the one leg stand. These tests are alleged to measure responses or reflexes that researchers believe are compromised if they are impaired.
When officers believe you have failed the SFSTs, then he or she will request that you provide them with a breath or blood sample. These tests are not always accurate in assessing your impairment level, which means your charges are defensible if you were arrested for a DWI/DUI in New Mexico.
In This Post
If you have ever wondered about how law enforcement officers assess if you have had too much to drink, even before requesting a breath or blood sample, read this blog post for more information. If you or a family member are ever arrested for a DUI/DWI in New Mexico, speak with an NHTSA-certified attorney for legal advice and representation.
3 Types of Standardized Field Sobriety Tests (SFSTs)
The Standardized Field Sobriety Tests are one piece of a comprehensive DWI/DUI Investigation. Standardized Field sobriety tests sometimes referred to as roadside sobriety tests, are utilized by police to enforce DWI/DUI laws throughout the United States and generally precede breath and blood tests. Officers perform a three-part field sobriety test after a traffic stop if he or she suspects that the driver is impaired. If you opt-out of taking the SFST’s, then you may be arrested.
Here is a short description of the three SFSTs:
1. Horizontal Gaze Nystagmus (HGN) Test
The horizontal gaze nystagmus (HGN) test is an eye test. The officer is looking for how your eyes track a moving object. Prior studies suggest that if you are impaired, your eyes do not track smoothly. Instead, they jerk or bounce when following the officer’s finger, pencil, or light.
It is impossible to prevent this reaction from happening unless you have a pre-existing eye condition that causes it. However, there are many environmental factors and medical conditions which may cause nystagmus. In addition, the validity of the test results is entirely conditioned on the officer administering the test correctly. All SFSTs are standardized and meant to be administered uniformly for the results to be valid.
2. Walk & Turn Test
The walk & turn test measures your ability to follow instructions, maintain balance, and walk in a straight line. You will first be instructed to hold a certain position while receiving further instruction and demonstration of the next phase of the walk and turn test. You will be instructed to take nine heel-to-toe steps, turn and then take an additional nine heel-to-toe steps. The police officer will also ask that your arms remain at your side. He or she will use this test to assess whether he or she believes you are showing signs of impairment. Many environmental, physical, and medical factors may affect the validity of this test.
3. One-Leg Stand Test
Much like the walk & turn test, the one-leg stand test is used to assess if you can maintain balance, follow instructions, and have the physical capacity to perform the maneuver. The police officer will ask the subject to stand on one leg with the other foot about six (6) inches from the ground while counting until they are instructed to put it down. Like the other standardized field sobriety tests, the validity of the test is contingent on the proper administration by the officer. In addition, many environmental, physical, and medical factors will affect the test.
Related Article: How an Unlawful Police Stop Can Become Your DWI Defense
The Accuracy of Field Sobriety Tests
I hope this helped you better understand the different types of SFSTs administered by police during a DWI/DUI investigation. Be aware that standardized or non-standardized tests are not always accurate. Many variables can impact tests, and there have been many cases of individuals failing while being sober and in control. You can defend yourself if you face a DWI or DWI-related charge in New Mexico due to a failed field sobriety test. Do not accept responsibility for a crime that the prosecutor cannot prove.
Get Help from a DWI Lawyer
Did you or a loved one allegedly recently fail field sobriety tests, and now you unsure of your next steps? If you do not know how to move forward, our legal team is here to help. Grano Law Offices, P.C. is a law firm that focuses on DWI/DUI criminal defense. Get a Free Case Strategy Session by messaging us here or calling (505) 426-8711 now.
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