Washington State Field Sobriety Tests
If a driver is pulled over for a DUI (driving under the influence) stop in Washington, the officer may conduct a field sobriety test. These tests, which consist of simple physical and mental tasks, are used to determine the driver’s sobriety.
The National Highway and Traffic Safety Administration (NHTSA) has developed guidelines for a battery of three standardized field sobriety tests. These consist of the one-leg stand test, the walk-and-turn test, and the horizontal gaze nystagmus test.
The one-leg stand is known as a divided attention test. This means that the driver must listen to, and follow, directions while performing a physical task. To take this test, the driver must raise one foot about six inches off of the ground while counting aloud until asked to stop. During this time, the officer will look for signs such as using arms to balance, swaying, or not following exact directions. If the driver does any of these things, he or she fails the test.
The walk-and-turn test is also a divided attention test. To perform this test, the driver must walk heel-to-toe in a straight line for nine steps, then turn and walk back nine steps. During this test, the officer is looking for signs such as using the heel-to-toe method, using arms to keep balance, and losing balance.
Nystagmus is an involuntary twitching of the eye that occurs when a person looks sharply to the side. This normally occurs at a 45 degree angle. This twitching typically occurs at a lesser angle when a person is under the influence of alcohol.
To administer the horizontal gaze nystagmus test, the officer will move a penlight in front of the driver’s eyes and ask the driver to follow the light. The officer watches for the angle at which nystagmus occurs and if the driver has difficulty following the object.
In addition to these standardized tests, the officer may ask the driver to perform tests such as reciting the alphabet or counting backwards.
Unlike a breath test, a driver will not face serious consequences if he or she refuses to take a field sobriety test. Because these tests are subjective, and the officer already believes the driver is drunk, the driver will normally “fail.” If asked to take a field sobriety test, it is a good idea to ask to speak with an attorney.
If you have recently taken a field sobriety test and been arrested in Washington, submit your case online today. An experienced defense DUI will call to discuss the next steps for your qualified defense.
