Also known as SFST’s, Standardized Field Sobriety Tests are comprised of a battery of three tests intended to determine whether an individual is likely to be above a .08 Blood Alcohol Concentration. The tests are designed to be administered and evaluated in the exact same manner by each individual certified to give these tests. The research to develop the Standardized Field Sobriety Tests was conducted at the Southern California Research Institute and funded by the National Highway and Traffic Safety Administration in the early 1980′s. Since that time, Police Officers and Defense Attorneys across the country have been trained and certified in the administration and interpretation of these tests.
Standardized Field Sobriety Tests were designed with the theory in mind that an average person with a Blood Alcohol Concentration less than .08 should be able to successfully perform the tests. Officers check for balance issues, divided attention skills, and the ability to follow directions when evaluating and scoring the tests. However, nerves, weather conditions, certain medical conditions, and even footwear or lack thereof can affect performance on the tests. The interpretation of the tests is a subject of controversy because of the subjective nature of these tests, especially without videotape evidence. It is important to remember the tests are voluntary, no matter how much coercion is placed on individuals to perform the tests. Politely refuse to perform the tests and ask to speak with an attorney.
Horizontal Gaze Nystagmus
Nysagmus is the natural, involuntary jerking of the eye as the eye gazes from one side to the other. Research has indicated the eye will jerk at lesser angles when an individual is impaired. Officers also look for smooth movement during tracking while conducting the test. The test is conducted while an Officer holds a stimulus, usually a his or her fingertip or pen, approximately twelve to fifteen inches from the face and higher than eye level.
Officers are looking for six clues (three per eye) when conducting the test:
- Lack of smooth movement;
- Distinct and sustained nystagmus at maximum deviation; and
- Onset of nystagmus prior to forty five degrees.
Walk and Turn Test
In the most basic terms, an individual is instructed to walk nine steps forward touching heel to toe, turn while taking a series of small steps, and walk nine steps back touching heel to toe. While walking, individuals are instructed to keep their arms at their sides, touch heel to toe on each step, and count each step out loud. Often times it is impossible to find a designated straight line. In these instances, the individual should “imagine” a straight line while performing the test. The test must be performed on a dry, hard, non-slippery, level surface to be in compliance with NHTSA standards. Officers are checking for an ability to follow directions and physically perform the test.
Officers check for eight clues while conducting the test:
- Inability to keep balance during the instruction phase of the test (feet break apart);
- Starting the test before the directions are finished or before you are told to begin;
- Stopping while walking to steady self and regain balance;
- Does not touch heel to toe while walking (more than ½ an inch of space);
- Stepping off the real or imaginary line;
- Raising arms more than 6 inches for balance;
- Taking more than 9 steps; and
- Improper turn.
At least two clues need to be documented in order to deem the test a failure. The test should not be conducted on individuals over the age of 60, individuals who are more than 50 pounds overweight, and anyone with a physical or balance illness, disease, malady, or infirmity.
One Leg Stand Test
This 30 second timed test requires an individual to stand on one leg and raise the other leg approximately 6 inches off the ground. The Officer should instruct the individual to stand on the leg of their choosing. While raising the other leg, the toe should be pointed so that it is parallel to the ground. The individual needs to count out loud “one thousand and one, one thousand and two, one thousand and three” until instructed to stop.
Officers check for four clues while conducting the test:
- Individual sways while performing the test;
- Arms are raised more than six inches for balance;
- Hopping on one foot;
- Putting the raised foot down; and
At least two clues need to be documented in order to deem the test a failure. The test should not be conducted on individuals over the age of 60, individuals who are more than 50 pounds overweight, and anyone with a physical or balance illness, disease, malady, or infirmity.
Unfortunately, despite “training” and “certification,” these tests are often times not administered properly and clues are identified through questionable and suspicious methods. Steven R. Adams is certified in the administration and evaluation of Standardized Field Sobriety Testing. He is also a certified instructor for the Standardized Field Sobriety Testing Course. If you did choose to perform these voluntary tests, we will evaluate your performance and the Reporting Officer’s interpretation of these tests in order to vigorously defend you. Given that these tests are voluntary, politely refuse to submit to all tests and ask to speak to an attorney. The attorneys at The Law Office of Steven R. Adams will defend your decision to refuse and explain away any concerns regarding your sobriety during the traffic stop.
