You may have seen it on TV or have been unlucky enough to experience what happens when a person gets pulled over and is suspected of drinking and driving. In Indiana, the charge for driving under the influence is called “Operating a vehicle while intoxicated” (OWI). A police officer usually administers a series of tests to check and determine if the driver is impaired. These tests are referred to as standardized field sobriety tests (SFST) and police officers use them to estimate a driver’s level of alcohol consumption and to establish probable cause for arresting them for an OWI. The National Highway Traffic Safety Administration developed the three types of SFST tests: Horizontal Gaze Nystagmus, Walk-and-Turn, and the One Leg Stand.
Horizontal Gaze Nystagmus
Horizontal Gaze Nystagmus (HGN) is the involuntary jerking of an eye when a person tries to look to one side. An eye naturally jerks when an eye attempts to see something that is located to the extreme right or left of a person’s peripheral vision. However, when a person consumes alcohol or takes drugs, the brain’s ability to control the eye muscles correctly is impaired and they may exhibit a jerky movement of the eye well before gazing at an extreme peripheral angle. Police officers typically use a pen or flashlight and move the object horizontally in front of driver’s face. They check for the driver’s ability to track the object with their eyes along with other characteristics that may indicate that the driver has a blood alcohol content (BAC) over the legal driving limit of 0.08%.
Walk-and-Turn
In the walk and turn test, a driver is usually asked to take nine steps in a straight line heel-to-toe. After the driver takes the first nine steps, they are instructed to turn on one foot and walk nine steps back the same way. The police officer is typically looking to see if the driver is able to listen and follow directions while completing a physical task. Although it may be simple for a sober person to complete, an impaired person may have a difficulty dividing their attention between listening and physically acting. Even in this seemingly simple task, the police officer looks for eight indicators that the driver is impaired. If a driver exhibits evidence of even two of these factors, the police officer has reasonable cause to suspect that the driver may have a BAC over 0.08%.
One Leg Stand
In the One Leg Stand test, the driver is asked to stand on one foot while the other foot is about 6 inches from the ground. While standing like this, the driver is asked to count out loud by one-one thousand, two-one thousand etc., until the police officer tells them to put their foot down. Usually the police officer has the driver stand like this for 30 seconds and looks for indicators of impairment such as: swaying, using arms to balance, putting the foot down or hopping to keep balance. A driver that exhibits two or more of the above behaviors may indicate to the police officer that their BAC is above the legal limit.
Contact an Indiana Defense Lawyer
Police officers usually take into consideration all three tests as a whole to determine whether they have probable cause to arrest a driver for an OWI. However, sometimes these tests are not always accurate. If you or a loved one has been arrested for an OWI in Avon, Plainfield, Brownsburg or other surrounding areas, contact Chris Arrington today to help you through your case.