Atlanta DUI Attorney at Law Jamie S. Wingler, PC

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DUI Field Sobriety Tests

Police Officer on MotorcyclePolice Officers use Field Sobriety Evaluations as a significant tool in DUI detection. Finger-to-nose, reciting the alphabet, day, date, and time estimates have all been used by officers. However, only three evaluations have been studied, tested and approved by the National Highway Traffic Safety Administration (NHTSA). Those three evaluations are the “Horizontal Gaze Nystagmus”, “Walk and Turn” and “One-Leg Stand.”

HORIZONTAL GAZE NYSTAGMUS

Horizontal Gaze Nystagmus (HGN) is described as an involuntary jerking of the eye, which may (or may not) be caused by the ingestion of an alcoholic beverage. The testing officer will ask the subject to stand with his hands at his sides, feet together. A stimulus, usually a pen or finger, is held 12-15 inches from the subject’s eyes, at slightly above eye level. The subject is instructed to follow the stimulus with their eyes only, not moving their head. The officer will move the stimulus back and forth in front of the subject’s eyes.

During the evaluation, the officer observes the eye for involuntary jerking or Nystagmus. The officer checks for six clues, three for each eye. He makes twelve passes in front of the eyes checking each clue twice. The clues are: (1) lack of smooth pursuit, (2) distinct nystagmus at maximum deviation and (3) onset of nystagmus prior to forty-five degrees. On this evaluation, four clues indicated impairment.
Horizontal Gaze Nystagmus is recognized in Georgia as a “scientific” test. Brain damage, seizure medications, inhalants and other depressants may also cause nystagmus.

WALK AND TURN

The Walk and Turn is an evaluation consisting of eight clues. The arresting officer instructs the subject to place their feet heel to toe on a line (sometimes imaginary) with their right foot ahead of the left. The subject should hold this position while the officer instructs and demonstrates the evaluation. If the subject cannot keep their balance or starts the evaluation too soon, a clue will be assessed.

The officer instructs subjects to walk heel-to-toe down the line keep their arms at their sides. After taking nine steps, execute a turn making several small steps, and make nine heel-to-toe steps back. During the walking stage, if the subject: stops walking, misses heel-to-toe, steps off the line, raises an arm more than six inches, takes the incorrect number of steps or executes an improper turn, a clue will be assessed. Any two of the eight possible clues indicates impairment.

The Walk and Turn evaluation may not be appropriate for individuals over 60 years old or more than 50 pounds overweight.

ONE-LEG STAND

Like the Walk and Turn, the One-Leg Stand evaluation is a divided attention test. On the One-Leg Stand evaluation, the testing officer will ask that the subject stand with their feet together and hands at their sides. The subject is instructed to raise a foot six inches off the ground and count out loud to thirty.

he One-Leg Stand is a four clue evaluation. The testing officer scores a clue if the subject: sways, raises arms for balance, hops or places their foot on the ground. Any two of these clues indicates impairment.

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