Field Sobriety Tests

Field Sobriety Tests in DUI Traffic Stops in Las Vegas

If you are stopped by a police officer for a suspected DUI in Las Vegas, Nevada, the police officer may ask you to perform field sobriety tests. Most people do not realize that these tests are optional, and occasionally the police officers who give the tests do not tell you that the tests are optional. However, there are consequences for your refusal, for example the officer can take your refusal as an indication of probable cause and submit you for full evidentiary testing.

It is perfectly legal to politely refuse to take any field sobriety test. These field sobriety tests are not actually tests. They are really physical agility exercises that are highly subjective in nature, and they are designed so that you will fail. A person that is not under the influence of any drugs or alcohol would have trouble successfully completing these tests.

Las Vegas Field Sobriety Test Attorney

At the Law Office of Joel M. Mann, attorney Joel Mann has defended several clients against DUI allegations. He is familiar with the field sobriety tests and the flaws in the tests. If you have been charged with Driving Under the Influence, it is important to contact Joel Mann right away so he can start working on your defense. For DUI charges, it is necessary to hire a lawyer that will fight for you. Contact Joel Mann at (702) 474-6266 for a free consultation about your DUI allegations.

Types of Field Sobriety Tests

There are several standard sobriety tests Nevada police officers use to test for impairment. The police also can be creative and invent their own tests. Remember that these field tests are entirely subjective and up to the police officer’s discretion whether you pass or fail.

Here is a brief list of the common sobriety tests used:

• Walk and Turn - This test consists of walking heal to toe for nine (9) steps, a turn, and nine (9) steps back. The officer is looking for:

  • Unsteady balance
  • Falling
  • How much the arms are used for balance
  • How well the suspect follows instructions.

• One Leg Stand - This test has the driver balance on one leg and count numbers or say the alphabet. The test is supposed to measure the driver’s ability to do two tasks at the same time. The officer is looking for:

  • Swaying
  • Hopping
  • Using arms for balance
  • Putting the foot down
  • Correctly counting numbers, or accurately reciting the alphabet.

• The Pen Test, or HGN - Is also known as the “Nystagumus Test.” This test measures whether the eyes bounce when they are all the way to the left or the right. Historically, if someone fail this test, it is highly likely they have a BAC of .10 or above.

• Stand With Feet Together and Tip the Head Backwards - This test will measure the driver’s balance.

• Count the Number of Fingers the Officer Raises - This test is supposed to measure vision, and determine if it is blurry or not.

• Rhomberg Stationary Balance Test - In this test, the driver stands with his feet together, and leans his head back to look up at the sky while holding out his arms to the side. This test measures balance.

• Finger to Nose – This test requires the driver to close his eyes and touch his nose with his finger. This test measure coordination and balance.

There are additional tests that could be preformed. Remember that under Nevada Per Se law you must submit to either a breath, blood or urine test if you are arrested for an alleged DUI. You do not have to submit to these Field Sobriety Tests, but a refusal might trigger an arrest depending on the officer’s discretion. It is important to contact a Las Vegas criminal defense attorney immediately if you have been stopped for an alleged DUI offense.

Resources

National Highway Traffic Safety Administration – NHTS was established to carry out safety programs created by the national Traffic and Motor Vehicle Safety Act of 1966.

Law Office of Joel M. Mann | Las Vegas Field Sobriety Test Defense Attorney

If you are stopped for an alleged DUI and fail a field sobriety test, there is still hope. Contact the Law Office of Joel M. Mann to talk about defending your DUI charge. There are still many defenses and strategies that can be used to either reduce the DUI charge or get the charge completely dismissed. Contact Joel Mann at (702) 474-6266 for a free consultation about your alleged DUI offense.