DUIFIELD SOBRIETY TESTS CAN LEAD TO DRUNK DRIVING CHARGES

February 26, 2021

There are a number of methods Virginia police use when determining whether a driver is under the influence of alcohol. For example, a driver might be asked to submit to a Breathalyzer or blood test, which measures blood alcohol content. In other situations, an officer might ask a driver to perform a series of field sobriety tests when deciding whether to make an arrest for drunk driving.

3 types of field sobriety tests

The National Highway Traffic and Safety Administration — NHTSA — endorses the Standardized Field Sobriety Test — SFST. The SFST consists of three different tests that can be performed during the course of a traffic stop. These are:

  • The horizontal gaze nystagmus
  • The walk-and-turn
  • The one-leg stand

When an officer performs the horizontal gaze nystagmus test, he or she is checking for involuntary jerking of the eyes when looking to the side. Although this occurs naturally, it is exaggerated in those who are intoxicated. The walk-and-turn test allows an officer to observe how well someone can perform a task with divided attention, and involves asking a driver to walk a straight line and back, usually heel to toe. The one-leg stand measures someone’s balance, and an officer performs this test by asking a driver to stand on one foot for approximately 30 seconds.

Virginia police officers often use the results of field sobriety tests to seek BAC testing or to even make arrests. However, the results of these tests are subject to human interpretation, meaning that arresting officers can get things wrong sometimes. Those who have been arrested and charged with drunk driving because of field sobriety test results may want to consider whether challenging those results could be in their favor.

Chelesea L. Vaughan

Since 2013, Chelesea Vaughan has been representing clients throughout Southwest Virginia with a practice focused on contested family law, divorce, and custody matters, criminal defense, and business law. For a free consultation with Ms. Vaughan's Roanoke office, call (540) 343-9800.

Magee Goldstein Lasky & Sayers PC

114 Market St SE #210
Roanoke, VA 24011
Phone: (540) 343-9800
Fax: (540) 343-9898

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2024 All Rights Reserved | Privacy Policy

The Roanoke attorneys of Magee Goldstein Lasky & Sayers, PC, proudly serve clients in the areas of divorce law, bankruptcy law, estate law, and criminal defense, located throughout Roanoke, Virginia, and Southwest Virginia, including in Roanoke City, Salem City, Cave Spring, Botetourt, Fincastle, Lexington, Rockbridge County, Bedford County, Smith Mountain Lake, Moneta, Rocky Mount, Boones Mill, Franklin County, Floyd County, Christiansburg, Blacksburg, Radford City, and Montgomery County.