Virginia Field Sobriety Tests
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If you were recently pulled over on suspicion of driving under the influence (DUI) in the Commonwealth of Virginia, the officer probably asked you to take a field sobriety test. If you took one of these tests and were arrested for drunk driving, it is crucial that you find an attorney who specializes in DUI defense. A DUI conviction can result in time in jail, hefty fines, and a driver’s license suspension.There are several types of field sobriety tests that law enforcement agents use. There is one category of tests that are known as “divided attention testing.” These tests require the driver to perform easy physical movements while listening to directions. They are known as divided attention tests because intoxicated drivers find it difficult to concentrate on mental and physical exercises at the same time.
An example of a divided attention test is the walk-and-turn test. In this test, the driver is told to take nine steps, heel to toe, in a straight line. Upon completion of the nine steps, the driver must then turn around and take nine steps in the opposite direction. The officer will look for signs of impairment such as inability to stay balanced while listening to the directions, stopping to regain balance, using arms to balance, or taking the incorrect number of steps.
Another common test is the one-leg stand test. In this test, the driver is told to stand with one foot approximately six inches off the ground and asked to count until told to put his or her foot back down. The officer looks for signs of intoxication such as using arms to maintain balance, hopping to stay balanced, swaying while balancing, and putting the foot down on the ground.
Horizontal Gaze Nystagmus testing is another common test. This test measures the involuntary jerking of the eyeball that occurs normally when you look to the side. This typically occurs when your eyes are rotated at high peripheral angles. However, when a driver is intoxicated, nystagmus can occur at lesser angles.
In the horizontal nystagmus test, the law enforcement agent will ask the driver to follow a slowly moving object (such as a pen) with his or her eyes. The officer will look to see if the driver can smoothly follow the object with his or her eyes or if the eyes begin jerking at a 45 angle from the center.
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