When a person is suspected of driving under the influence in West Virginia, law enforcement may administer one or more field sobriety tests (FSTs) during a traffic stop to determine if the driver is impaired. If a person is formally charged with a DUI, the results of these tests can be used against him/her.
The following are the three field sobriety tests made standard by the NHTSA:
- Walk and Turn – A suspect must walk in a straight line, taking nine steps in a heel-to-toe fashion, then turn on one foot and return in the opposite direction in the same manner. If a suspect has difficulty following instructions or balancing, these signs are an indication of impairment.
- One Leg Stand – A suspect must stand with one foot, six inches above the ground for 30 seconds. If a suspect has difficult balancing by swaying or using arms to balance, these signs are an indication of impairment.
- Horizontal Gaze Nystagmus – Using his/her eyes, a suspect must rack an object as it moves across his/her field of vision. Involuntary jerking of the eye is an indication of impairment.
In general, if a police officer asks a suspect to perform a FST, the suspect is not legally required to do so. Every person in West Virginia has the right to decline these tests without being subject to legal penalties.
Keep in mind, these tests are designed to be used against you. The test results give law enforcement more evidence to arrest, charge, and convict you of a DUI.
The Importance of Field Sobriety Tests
Field sobriety tests serve as one of the primary tools for law enforcement officers to assess a driver’s level of impairment due to alcohol or drugs. These tests are typically administered roadside during a traffic stop if an officer suspects a driver of driving under the influence (DUI). While they are not foolproof indicators of intoxication, they provide valuable evidence that can be used in court proceedings.
Understanding Field Sobriety Test Requirements
In Charles Town, WV, the requirements for administering and evaluating field sobriety tests are governed by strict protocols established by the National Highway Traffic Safety Administration (NHTSA). These protocols outline standardized procedures for conducting three main types of FSTs: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test.
Horizontal Gaze Nystagmus (HGN) Test
The HGN test involves observing the driver’s eyes as they follow a moving object, typically a pen or flashlight, held by the officer. The officer looks for involuntary jerking of the eyes, known as nystagmus, which becomes more pronounced under the influence of alcohol or drugs. To administer this test accurately, the officer must be properly trained and certified in its execution.
Walk-and-Turn Test
During the Walk-and-Turn test, the driver is instructed to take nine heel-to-toe steps along a straight line, turn, and take nine heel-to-toe steps back. The officer looks for indicators of impairment, such as inability to maintain balance, stepping off the line, or starting before the instructions are given. Proper administration of this test requires a level surface and clear instructions from the officer.
One-Leg Stand Test
In the One-Leg Stand test, the driver is asked to stand on one leg while counting aloud for a specified duration, usually around 30 seconds. The officer observes for swaying, hopping, or putting the foot down, which are considered signs of impairment. Like the other FSTs, proper execution of this test relies on adherence to standardized procedures and adequate training.
Implications of Failing Field Sobriety Tests in Charles Town, WV Felony DUI Cases
For individuals facing felony DUI charges in Charles Town, WV, failing field sobriety tests can have serious legal consequences. A failed FST can provide probable cause for an arrest and may lead to further chemical testing, such as breathalyzer or blood tests, to determine blood alcohol concentration (BAC) levels. If convicted, individuals may face significant fines, license suspension or revocation, and even imprisonment, especially for repeat offenses or cases involving injury or death.
Understanding Your Rights and Options
When facing felony DUI charges in Charles Town, WV, it’s crucial to understand your rights and options regarding field sobriety tests. While you have the right to refuse to perform these tests, it’s essential to weigh the potential consequences carefully. Refusing to comply with an officer’s request for field sobriety testing can result in administrative penalties, such as license suspension, and may be used against you in court as evidence of consciousness of guilt.
However, submitting to field sobriety tests is not a guarantee of favorable outcomes either. Even individuals who believe they are sober may perform poorly on these tests due to various factors, including nerves, fatigue, or medical conditions. In such cases, seeking legal guidance from a skilled attorney can help you understand your rights, evaluate the evidence against you, and determine the best course of action for your defense.
Moreover, it’s essential to remember that field sobriety tests are just one piece of evidence in a DUI case. Prosecutors must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol or drugs to secure a conviction. Challenging the validity of field sobriety test results, questioning the officer’s observations, and presenting alternative explanations for your performance can all be effective defense strategies in court.
Additionally, individuals facing felony DUI charges in Charles Town, WV, may have options for alternative resolutions, such as plea bargains or diversion programs, depending on the circumstances of their case and their prior criminal history. Consulting with a knowledgeable attorney can help you explore these options and make informed decisions about how to proceed with your case.
In Charles Town, WV, field sobriety tests serve as crucial tools in felony DUI cases, providing law enforcement officers with valuable evidence of impairment. However, understanding the requirements and implications of these tests is essential for individuals facing DUI charges and their legal representatives. By recognizing the standardized procedures for administering and evaluating FSTs and by seeking skilled legal counsel, individuals can navigate the complexities of the legal system and strive for a favorable outcome in their cases.
Field Sobriety Tests and Commercial License DUI Stops
Field Sobriety Tests are standardized assessments used by law enforcement to evaluate a driver’s physical and cognitive abilities, providing crucial evidence in DUI cases. For commercial license holders, the consequences of a DUI can be severe, potentially resulting in the suspension or revocation of their CDL.
Challenges for Commercial License Holders
Commercial drivers are held to higher standards than regular drivers due to the potential risks associated with operating large commercial vehicles. DUI stops involving commercial license holders can lead to serious consequences, including the loss of livelihood and employment.
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations regarding alcohol consumption for commercial drivers. Commercial drivers with a blood alcohol concentration (BAC) of 0.04% or higher can be deemed unfit to operate a commercial vehicle.
Legal Implications
If a commercial driver fails or refuses to take a Field Sobriety Test, they may face immediate consequences, including arrest and suspension of their CDL. It’s important for drivers to understand their rights during a DUI stop and consult with legal counsel to navigate the complex legal landscape.
Challenging Field Sobriety Test Results
Field Sobriety Tests are not foolproof, and various factors, such as medical conditions, fatigue, or environmental conditions, can impact the results. Skilled legal representation can challenge the validity of FST results, highlighting potential inaccuracies and building a strong defense for the accused.
For commercial license holders in Morgantown, WV, facing a DUI stop can be a daunting experience. Understanding the significance of Field Sobriety Tests and their potential impact on a CDL is crucial. Seeking legal guidance in the aftermath of a DUI stop is essential to protect one’s rights, challenge test results, and navigate the legal process effectively. As the consequences are high for commercial drivers, a proactive approach to legal defense becomes paramount in preserving their livelihoods and securing a fair outcome.
Can You Refuse Field Sobriety Tests in West Virginia
In West Virginia, drivers have the right to refuse to perform field sobriety tests. These tests are not mandatory, and there are no automatic penalties for refusing them. However, refusing to take the tests may still lead to an arrest if the officer believes there is enough other evidence to establish probable cause.
It is important to understand that refusing field sobriety tests does not guarantee that you will avoid a DUI charge. However, it can limit the amount of evidence the prosecution has against you. If you have been arrested for a DUI after refusing field sobriety tests, it is critical to consult with a skilled DUI attorney who can evaluate the circumstances of your case.
Understanding the Role of Field Sobriety Tests in West Virginia DUI Cases
Requirements and Standardization of Field Sobriety Tests
To ensure the reliability of field sobriety tests, law enforcement agencies follow standardized procedures outlined by the National Highway Traffic Safety Administration (NHTSA). These guidelines provide officers with a consistent framework for administering and interpreting the results of these tests, promoting fairness and accuracy in DUI investigations.
Standardization is crucial to minimize subjectivity and enhance the validity of field sobriety tests. Officers are trained to administer the tests in a specific manner, including providing clear and concise instructions, demonstrating the tests when necessary, and carefully observing the driver’s performance. By adhering to these standardized procedures, law enforcement aims to maintain the integrity of the tests and the subsequent legal proceedings.
Challenges and Limitations of Field Sobriety Tests in Drug-Related DUI Cases
While field sobriety tests are valuable tools in assessing impairment, they are not without limitations, particularly in drug-related DUI cases. Unlike alcohol, the presence of drugs in a driver’s system may not be as easily quantifiable, making it challenging to establish a direct correlation between impairment and drug concentration.
Furthermore, certain medical conditions, fatigue, or even nervousness can influence an individual’s performance on field sobriety tests, leading to potential false positives. In drug-related DUI cases, where specific drugs may not have easily identifiable physical effects, reliance solely on field sobriety tests can raise concerns about the accuracy of the assessment.
DUI NHTSA Field Sobriety Test | Standardized Clues
Here at DUINewsBlog.org, The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, strives to continually bring you the latest and most current developments and discussions in DUI law around the country.
This particular blog centers around the new field sobriety testing manual issued by the National Highway Traffic Safety Administration, “DWI Detection and Standardized Field Sobriety Testing” in March of 2013, replacing that of the old February 2006 issued manual.
By way of backdrop, in 1975, so called “extensive scientific research studies” were sponsored by NHTSA through a contract with an outfit called the Southern California Research Institute (SCRI) to determine which roadside filed sobriety tests were most accurate. SCRI publishing the following three reports: 1) California – 1977 (Lab); 2) California – 1981 (Lab and Field); and Maryland, District of Columbia, Virginia, North Carolina: 1983 (Field).
SCRI reportedly traveled to law enforcement agencies throughout the United States to select the most commonly used field sobriety tests. Six tests were used in the initial stages of this study: 1) One Leg Stand; 2) Finger to Nose; 3) Finger Count; 4) Walk and Turn; 5) Tracing (paper and pencil exercise); 6) Nystagmus (called alcohol gaze nystagmus in final report).
Laboratory research reportedly indicated that three of these tests, when administered in a standardized manner, were supposedly a “highly accurate and reliable” battery of tests for distinguishing BACs at or above 0.10; Horizontal Gaze Nystagmus (HGN – a.k.a. the eye test), Walk and Turn (WAT), and One Leg Stand (OLS).
The research, per NHTSA, reportedly showed that these tests were the most accurate and the remaining tests were merely reassessing the same skills. Further reporting that while many field sobriety tests are valid tests, the Standardized Field Sobriety Tests have been validated through numerous research studies.
NHTSA analyzed the laboratory test data and found: HGH, by itself, was 77% accurate; WAT, by itself, was 68% accurate and OLS, by itself, was 65% accurate in determining BAC’s at or above 0.10, which means 23 out of a 100, 32 out of a 100 and 35 out of 100 law enforcement got wrong even when administered in full compliance with the NHTSA guidelines on proper administration. Hardly reliable.
According to NHTSA, three standardized field sobriety test validation studies were undertaken between 1995 and 1998: Colorado in 1995, Florida in 1997 and San Diego, California in 1998, with the Colorado study reportedly using “experienced” law enforcement personnel in the use of SFST’s, while the Florida and San Diego studies reportedly studied SFST validation at the lower 0.08 BAC level that is now the per se legal limit in all 50 states.
According to NHTSA, the 1998 San Diego validation study indicated that the HGN was 88% accurate in determining BAC’s at or above 0.80, the WAT 79% and the OLS 83%. However, NHTSA does not explain how these percentages inexplicably increased from 77%, 68% and 65% in the 2006 manual to the now offered 88%, 79% and 83% reliable numbers when the study itself was reportedly done in 1998, fifteen years ago.
Further, NHTSA does not highlight nor properly point out to us citizens that these roadside field exercises -a.k.a. roadside gymnastics- are strictly designed for the limited purpose in assisting law enforcement on whether or not there is “probable cause” to arrest a citizen for driving under the influence or not.
Translated: They are not remotely “scientific”, nor are they remotely fool proof and reliable tests to determine whether a citizen is legally intoxicated or not, much less on a beyond all reasonable doubt standard.
So, what does all this mean you ask? To The Wagner Law Firm, West Virginia’s Premier DUI Defense Firm, and CEO Harley Wagner, it means that a citizen who comes in contact with a law enforcement officer anywhere in this country, or the world for that matter, who wishes you to undergo these supposed roadside field tests should in no way comply and agree to take. For why in the world would you submit to tests that are inherently unreliable and designed to be used against you in court?
The back of my business card says it best:
“My lawyer, Harley Wagner, has told me not to talk to anyone, not to answer any questions and not to reply to any accusations. I do not wish to take any roadside field or breath tests, nor do I consent to any search of my person or automobile. I do not agree to any of these things without my lawyer present and I do not wish to waive any of my constitutional rights. I now want to call my lawyer.”
Any information given in these web pages does not constitute legal advice or establish an attorney-client relationship with West Virginia DUI lawyer Harley Wagner or with The Wagner Law Firm. This legal web site is intended solely for marketing and advertising purposes. The information contained on this site is meant to provide you with an overview of the representation our law firm offers. Plus, Mr. Wagner tries to supply you with useful information and legal guides for your edification.
The information contained on these pages should not be used as a substitute for speaking with a DUI attorney in WV about your criminal defense issues and is not meant to comprehensively address your specific legal issues, which will be different in every case.
The Purpose and Types of Field Sobriety Tests
Field sobriety tests are standardized procedures used by police officers during traffic stops to evaluate a driver’s impairment. These tests include the Horizontal Gaze Nystagmus test, the Walk-and-Turn test, and the One-Leg Stand test. Each test is designed to measure a driver’s coordination, balance, and ability to follow instructions, which can be impaired by alcohol or drugs. The Horizontal Gaze Nystagmus test involves following an object with the eyes, the Walk-and-Turn test requires walking in a straight line heel-to-toe, and the One-Leg Stand test demands standing on one leg while counting aloud.
Factors Affecting the Accuracy of Field Sobriety Tests
Despite their widespread use, the accuracy of field sobriety tests can be influenced by numerous factors. Physical conditions such as obesity, age, and injuries can affect a person’s performance on these tests, leading to false positives. Additionally, environmental conditions like uneven surfaces, poor lighting, and inclement weather can further compromise the results. Even psychological factors such as anxiety and nervousness can impair a person’s ability to perform these tests accurately. It’s important to note that these tests are subjective in nature, relying heavily on the officer’s interpretation of a driver’s performance, which can lead to bias and errors.
However, you could still be arrested for drunk driving, despite not taking a FST. But since you didn’t take these tests, the results cannot be used against you in court.
For more information about DUI law in West Virginia, contact The Wagner Law Firm today at (304) 461-6000 to request a free case review.