North Carolina DWI Field Sobriety Tests
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Although officers administer a variety of different types of field sobriety exercises, they all are used for the same purpose: to help law enforcement identify signs of intoxication and apprehend DWI offenders. However, because of their extreme subjectivity, many drivers who fail these tests are not truly impaired—which means many individuals are unjustly arrested for DWI.
There are only three field sobriety tests that are approved for use for detecting signs of alcohol intoxication by the National Highway and Traffic Safety Administration (NHTSA). The first is known as the one-leg stand, which requires the tester to balance on one foot for a certain period of time. If you are unable to perform this activity without using your arms for balance, or hop or sway while taking the test, the officer may determine that you are intoxicated and arrest you for DWI.
In addition to the one-leg stand, the NHTSA has also approved the walk-and-turn test for use in indentifying impaired drivers. To perform the walk-and-turn test, the officer will ask you to take nine steps forward with one foot placed heel to toe in front of the other, before turning and walking back to your original position. In some cases, you may also be asked to count each step aloud. Once again, if the officer notices you are having difficulty maintaining balance or are unable to perform the test to his or her liking, you may be arrested for DWI.
The Horizontal Gaze Nystagmus (HGN) test is the final field sobriety exercise approved for use by the NHTSA. This test requires following a small item, such as a pen, with your eyes as it is moved back and forth in front of your face. If you blink too much, squint, or are unable to focus on the object properly, you will most likely fail the test and be placed under arrest for drunk driving.
As you can probably see, field sobriety exercises are far from scientific. Moreover, because they are given by a person who already suspects you of driving under the influence, the odds are already stacked against you when it comes to whether or not you pass them.
Fortunately, the subjective nature of field sobriety tests is widely known within the legal community. As a result, many of the drivers who are arrested for DWI after failing one or more field sobriety exercises are able to challenge their results in criminal court and prevent them from being used against them.
To ensure you have the best chance of obtaining a favorable outcome for your case, it is best to discuss your test results with an experienced DWI defense attorney. With penalties ranging from a lengthy license suspension to fines and even jail time, the consequences of a drunk driving conviction are just too great to leave to chance. Finish a free online case evaluation form today to find a skilled defense attorney in your area.