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Understanding Field Sobriety Tests
Field sobriety tests are a series of physical and cognitive tasks designed to gauge a driver’s level of impairment. The most commonly used tests in South Carolina include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand. These tests are standardized by the National Highway Traffic Safety Administration (NHTSA) to ensure consistency in their administration and interpretation. Each test measures different aspects of a person’s ability to follow instructions, maintain balance, and perform simple physical movements. The results of these tests are often used as evidence in DUI cases.Horizontal Gaze Nystagmus (HGN) Test
The Horizontal Gaze Nystagmus test is a method used to detect involuntary jerking of the eyes, which can be a sign of impairment. During this test, the officer will ask the driver to follow a moving object, such as a pen or a small flashlight, with their eyes. The officer looks for three specific indicators of impairment in each eye: lack of smooth pursuit, distinct nystagmus at maximum deviation, and the onset of nystagmus before 45 degrees. If the officer observes these indicators, it is often taken as a sign that the driver may be under the influence of alcohol or drugs.
Walk-and-Turn Test
The Walk-and-Turn test is another commonly administered field sobriety test. In this test, the driver is instructed to take nine steps, heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The officer observes the driver’s ability to follow instructions, maintain balance, and complete the task without stumbling or using arms for balance. Indicators of impairment include starting before the instructions are finished, stopping while walking, not touching heel-to-toe, stepping off the line, using arms for balance, making an improper turn, and taking an incorrect number of steps. Each mistake is noted and can be used as evidence of impairment.One-Leg Stand Test
The One-Leg Stand test requires the driver to stand on one leg while raising the other approximately six inches off the ground and counting aloud until instructed to stop. The officer will observe the driver’s ability to maintain balance and follow the instructions. Indicators of impairment include swaying while balancing, using arms to balance, hopping to maintain balance, and putting the raised foot down. This test assesses the driver’s ability to concentrate and balance simultaneously, and any difficulty in performing the test can be taken as a sign of impairment."He has an innate ability to convey to clients what really matters in their cases."
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Legal Implications of Field Sobriety Tests
Field sobriety tests can have significant legal implications. The results of these tests are often used as evidence in DUI cases to establish probable cause for an arrest. However, it is important to understand that these tests are not always accurate and can be influenced by various factors such as medical conditions, fatigue, nervousness, and even the environment in which the test is administered. It is also important to note that you have the right to refuse to take these tests, although refusing may lead to consequences such as license suspension.Challenges to Field Sobriety Test Results
The results of field sobriety tests can be challenged in court. There are several grounds on which the validity of these tests can be questioned. For example, the officer administering the test may not have followed the standardized procedures, the conditions under which the test was conducted may have been unfavorable, or the driver may have had a medical condition that affected their performance. An experienced DUI defense attorney can help identify these and other potential issues and challenge the admissibility of the test results.Your Rights During a DUI Stop
It is crucial to know your rights during a DUI stop. You have the right to remain silent and not incriminate yourself. You also have the right to refuse field sobriety tests and chemical tests, although refusing a chemical test can result in an automatic suspension of your driver’s license under South Carolina’s implied consent laws. If you are arrested, you have the right to an attorney and should exercise this right as soon as possible. An attorney can provide valuable guidance and representation throughout the legal process.Related Videos
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