Drinking and driving is never the way to go, but no matter how much you’ve drank, if you’re pulled over, there’s a huge likelihood you’ll fail the sobriety test. Police have 7 ways to determine whether or not you get a DUI, driving under the influence.
All 7 ways are designed to ensure failure.
What Is a Field Sobriety Test?
Field Sobriety Tests are used by police officers to determine whether or not you have been driving under the influence, DUI. Influence means anything can impair your ability to operate a motor vehicle: any drugs or alcohol. In addition to the term DUI, police also use the term DWI, driving while intoxicated.
Suspects do not “pass” or “fail” Field Sobriety tests. Police determine whether or not they’ve observed “clues” that can lead to a DUI or DWI during tests.
There are 3 tests that have been scientifically “validated” by the NHTSA (National Highway Traffic Safety Administration) that you would likely fail:
In this test, the suspect must follow an object with the eyes, like a pen, at an approximate distance of 12 to 15 inches away.
The HGN is based on a quirk of human biology, an involuntary twitch called Nystagmus:
The human eye twitches involuntarily when looking sideways at an angle greater than 45°.
People with high BAC, blood alcohol content, twitch before hitting the 45° angle.
HGN determines eye movement reaction.
What does the officer look for during the HGN test?
If the eyes move smoothly or twitch noticeably.
If the eyes twitch when moving them as far to the side as possible.
If the eyes twitch before it has passed the 45° angle.
The HGN will only be admissible if the following factors are met:
It is administered by a police officer who has had HGN training.
The suspect’s eyes can be seen clearly, the test is administered in a well-lit area or with a flashlight.
No oncoming blinking lights from either a police cruiser or passing cars disrupted the test.
Suspect was not wearing eyeglasses or was instructed to remove them.
If police officer hold the stimulus 12 to 15 inches away.
If police officer passes the stimulus twice past each eye.
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