Once you have been pulled over by the police and they suspect you are under the influence of alcohol or drugs they will request that you perform field sobriety tests. These tests are standardized around the nation. At Finebloom & Haenel we understand how complex and difficult these tests are to complete and we will attack them on all fronts.

The first test usually given in Hillsborough County is the Horizontal Gaze Nystagmus Test. The officer holds a stimulus and moves it across your field of vision. The stimulus must be 12-15 inches from the Defendant’s nose and slightly above eye level. The head must be kept still and the Defendant must follow the stimulus with their eyes without moving their head. If any of these procedures are not followed the test results are compromised. The officer is looking for three clues in each eye for a total of six clues. The clues are as follows: the eye cannot follow a moving object smoothly, nystagmus (the involuntary jerking of the eye) is distinct and sustained when the eye is held at maximum deviation for a minimum of four seconds and the angle of onset of nystagmus is prior to 45 degrees.

If the officer believes the person is under the influence they will then request more field sobriety tests. The next test is the walk and turn. The suspect must walk a straight line nine heel to toe steps up turn and nine heel to toe steps back. The officer is looking for 8 clues on this test, they are as follows: cannot keep balance while listening to instructions, starts before the instructions are finished, stops while walking, does not touch heel to toe, steps off the line, uses arms for balance, improperly turns, and incorrect number of steps.

The last test is the one leg stand. The officer will inform the suspect that they must raise one foot six inches off the ground, look at that foot, count out loud, and keep their arms by their sides. During this test the officer is looking for four clues. The clues are as follows: suspect sways while balancing, uses their arms for balance, hops, and puts their foot down.

These field sobriety tests are set up for you to fail. Keep in mind these tests are not required by law; however, if you refuse to perform them the officer will be forced to make a decision on whether to arrest you based on what he has observed so far.