Vermont Field Sobriety Testing
A police officer has the right to pull you over and conduct a field sobriety test based only on suspicion that you have been drinking. Though this may seem like a violation of your civil rights, it is based on the law of implied consent, which you accepted when you were issued your driver's license. The field sobriety test consists of several physical exercises, some or all of which may be administered by the police at the scene of the traffic stop. The full battery of tests may include: It is important that your Vermont DUI Lawyer know the strategies to strongly challenge the subjective results of each of these tests. A poor performance in a field sobriety test may be the result of any number of factors not related to consuming alcohol or drugs. Environmental conditions such as poor lighting, an uneven surface, and weather may affect your performance. Your own physical condition such as fatigue, nervousness, depression, or prescription medication may also affect your ability to perform some parts of the test, but not necessarily your ability to drive legally.
The field sobriety test can be challenged on many levels. It is one reason why it is so important to hire a highly skilled Vermont DWI attorney who will know how to challenge the police officer's opinions. Having red eyes or the smell of alcohol on your breath doesn't mean that you were guilty of drunk driving. A skilled Vermont DUI Lawyer won't let you just roll over and take the penalty. When it comes to the police report regarding the field sobriety test results, there is always room for a challenge.
HGN Nystagmus Test:
• Ability to stand on one leg
• Walk-and-turn test
• Finger-to-nose coordination
• Horizontal gaze test
• Ability to finger count
• Finger tracing coordination
There is always room to challenge the evidence
Most Common VT Field Sobriety Tests
HGN Nystagmus is the involuntary jerking of the pupil when the eye is moved from side to side.The basis for administering this test is that this type of nystagmus commonly occurs from a person’s ingestion of alcohol. It is important to note that there are many additional causes of nystagmus that are not alcohol related. A number of medical conditions and medications, for example, can cause HGN Nystagmus to occur. Skilled VT DWI lawyers have been able to successfully challenge the scientific validity of this test and the officer’s improper administration and scoring of this test.
The HGN Test has three clues of impairment for each eye and 4 or more clues are an indication of impairment. The clues are as follows:
1. Lack of smooth pursuit by the pupils.
2. Onset of nystagmus prior to a 45-degree angle.
3. Distinct and sustained nystagmus at the pupil’s maximum deviation point.
Nine Step Walk and Turn Test:
This test requires the subject to first stand in a heel to toe position while the officer gives further instructions. The officer will demonstrate the test and then ask the subject if he understands the instructions. The suspect is told to keep his arms down to his side, to walk 9 steps out, turn as demonstrated by the officer and take 9 steps back. The suspect is told to count out loud and not to stop until the test is complete. This test has a total of 8 clues with any 2 or more clues being an indication of impairment. These clues are:
1. Cannot keep balance during instructional phase;
2. Starts too soon;
3. Stops walking;
4. Misses heel to toe (more than ½ inch);
5. Steps off the line;
6. Raises arms for balance (more than 6 inches);
7. Takes wrong number of steps;
8. Turns improperly.
One Leg Stand Test:
This test requires the suspect to stand with his arms down his side, lift either foot 6 inches off the ground with the toe pointing forward, and count by thousands until the officer says to stop. The officer is supposed to keep count on his own and terminate the test after 30 seconds. This test has four clues of impairment and two or more clues are an indication of impairment.
1. Putting foot down 1 or more times before 30 seconds;
2. Raises arms for balance (more than 6 inches from side);
3. Hopping;
4. Sways while balancing.
By far the most commonly used evidence in a Vermont drunk driving prosecution is a person’s performance on so called “field sobriety tests”. These roadside tests are relied on by VT police in drawing a conclusion that a motorist is under the influence of alcohol. As skilled Vermont DWI lawyers, we have a firm understanding of what these tests are, how they are supposed to be administered and most importantly how to challenge the tests accuracy and reliability.
Many times the arresting VT officer will administer the tests incorrectly and/or will score the tests incorrectly. In addition, many factors contribute to a person, who is not under the influence of alcohol, to perform poorly on these tests. Variables such as environment, knee problems, back problems, age, weight and nervousness can all negatively impact a person’s performance. It is highly important anyone charged with a DWI in Vermont consult with an experienced VT Drunk Driving lawyer to fully review the circumstances surrounding the testing.
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