Understanding Field Sobriety Tests in a Las Vegas DUI Stop
If you are pulled over on suspicion of driving under the influence of alcohol or drugs (DUI) in Las Vegas, the police officer may ask you to take field sobriety tests. These tests are not conclusive indicators of whether a driver is under the influence but may be used as evidence after a DUI arrest. In some cases, if field sobriety tests were administered prior to an arrest, they may provide a basis for a DUI defense attorney to challenge the DUI charge.
DUI Field Sobriety Tests in Nevada
The Standardized Field Sobriety Tests (SFST) used by Nevada law enforcement were developed by the National Highway Traffic Safety Administration, as a means of nationally standardizing detection and arrests for DUI. Many states use the tests as one of several methods of determining a driver’s level of impairment after a traffic stop.
Types of Field Sobriety Tests
There are three common field sobriety tests used in a DUI stop:
- Walk-and-Turn: The driver walks heel to toe for nine (9) steps, turns, and takes nine (9) steps back. The officer is looking for eight (8) different clues of impairment, with two or more indicating failure of the test. The clues relate mainly to balance and the ability to follow the instructions.
- HGN eye test: The HGN (which stands for Horizontal Gaze Nystagmus) eye test requires the driver to keep their eyes on the officer’s penlight (or another object) as the officer moves it around. The officer watches the pupils of the eyes for specific indications of impairment.
- One-legged stand: The driver stands in place on one leg while holding the other let extended forward about six inches off the ground. The driver must count out loud for 30 seconds. The test supposedly measures the person’s ability to do two tasks at the same time, with specific clues indicating possible impairment.
There also are other non-standardized field sobriety tests that are not commonly used in Nevada.
If the results of these tests reveal sufficient positive clues indicating impairment, the police officer is likely to request a preliminary breath test or evidentiary breath or blood test. If the driver passes all the field sobriety tests, and police do not have other probable cause to suspect DUI impairment, the officer may release the driver from the scene, unless they charge the driver with a traffic violation other than DUI.
Declining Field Sobriety Tests
Field sobriety tests are often one of the first requests made by a police officer when a driver is pulled over on suspicion of DUI, after the officer secures the driver’s identification information. Compliance with a police request to take field sobriety tests is not mandatory in the State of Nevada. Implied consent does not apply to these tests as it does to breath and blood tests.
A Nevada driver may decline to take field sobriety tests without the refusal triggering adverse direct consequences. However, refusal may be taken as an indication of guilt and lead the officer to conduct breath or blood tests, which may result in the driver being arrested for DUI.
Challenging Field Sobriety Test Results
If field sobriety tests are a factor in a DUI arrest, an experienced criminal defense attorney can challenge the test results with several different defenses, including the fact that field sobriety tests are not reliable indicators of impairment. The accuracy rates are very low, so that failure does not necessarily indicate that a driver is under the influence.
In addition, test results may be affected by poor testing conditions that do not comply with the specific instructions for administering them. Many different factors relating to a driver’s physical or medical condition may affect the results of field sobriety tests as well. Finally, there is a possibility of identifying officer mistakes or misconduct during test administration. A DUI defense attorney examines all the circumstances of the arrest and administration of the field sobriety tests, in order to identify deficiencies that may provide an opportunity for challenging the test results.
Issues relating to field sobriety tests are just one of a number of effective defenses in a Nevada DUI case. Getting help from a knowledgeable, experienced lawyer at the earliest possible time is extremely important in any DUI case, even if the circumstances did not include field sobriety tests. Having capable legal representation gives a DUI defendant the best chance of minimizing the consequences of the charge.
Schedule a Free Consultation With an Experienced Las Vegas DUI Attorney
If you face a DUI charge in Las Vegas, attorney Joseph Gersten is here to help. He draws on his investigative background, criminal defense experience, and extensive trial background to provide an aggressive defense in every DUI case.
The Gersten Law Firm assists clients facing any state or federal criminal charge in Las Vegas, Henderson, and elsewhere in Clark County. There is no charge for your initial consultation. Call 702.857.8777 or complete our online form to schedule an appointment.
