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Field Sobriety Tests
Field Sobriety Tests – Most judges, prosecutors and police officers do not submit to field sobriety tests when they themselves are pulled over for dui. The reason is simple – the less evidence the police officer has to talk about in court the more weight that will be placed upon the BAC level. If the BAC can be thrown out due to a technical error then the case will be dismissed. Below is the list of police field sobriety tests as well as explanations for the most common three types.
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- Gaze Nystagmus
- One Leg Stand
- Walk and Turn
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- Finger to Nose
- Backward Count
- Rhomberg Balance
- Finger Count
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Here is the most likely combination of tests and what the officer will be looking for.
Horizontal Gaze Nystagmus Test
The officer will look at your eyes while holding a pen. The person who has been pulled over will be told to track the pen. The officer is looking to see if the eye can smoothly pursue the pen. Then he will hold the pen to both the left and right side of your head. He will keep the pen there for an uncomfortable amount of time. A phoenix dui attorney will tell you that your focus must be on that pen.
Two things happen after this point. The driver is released and free to go home or the officer asks the driver to take another test. If he asks the driver to take another test, most phoenix dui attorneys will tell you that this means the police officer has already decided to place you under arrest, all subsequent test will be to gather additional evidence for trial. If the officer continues to the next test at this point if you have had any eye problems in the past explain to the officer that you felt like you had difficulty with the test for this reason and state your past condition. Your answer will then make it into the police report which will be helpful to your phoenix dui attorney at trial.
Implied Consent
At this point another decision must be made by the Dui suspect. If you refuse to take the rest of the tests then you have violated implied consent and your driver's license maybe held for one year.
Walk and Turn
The police officer will go over the instructions in a very rapid manner. Demonstrate the walk and turn. Here are the points he is looking for.
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- Stops Walking
- Misses Heel to Toe
- Steps off Line
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- Raises Arms
- Improper Turn
- Actual Steps Taken
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If you fail any two points then you fail. Your hands must be kept very close to your body. The officer will not point out that your hands must be kept abnormally close to your body.
One Legged Stand
The officer will ask you to stand on one leg for 25-30 seconds. This is a 2 point decision. He will ask you to do so without raising your arms. Almost everyone raises their arms a small amount so therefore if you put your foot to the ground you have failed the test. |
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