Contact Adkins Law to speak with an experienced Huntersville DWI attorney about your DWI charge. One of our Huntersville DUI lawyers will arrange a DWI consultation with you to discuss your strategies and options moving forward.
28 Comments
The NHTSA SFST battery is the standard for driving while impaired field sobriety testing. The SFST battery consists of three tests: (1) the horizontal gaze nystagmus (HGN) test, (2) the walk and turn (WAT) test, and (3) the one leg stand (OLS) test. The WAT and OLS require you to be able to walk, stand, and balance as a normal person would. If you are mobility impaired, you may not be able to complete the WAT and OLS portions of the NHTSA SFST battery. Historically, DWI police officers have relied exclusively on their observations and the HGN when making a DWI arrest of a mobility impaired person. Recently, however, police officers have been using NASBLA training to conduct a seated field sobriety test for mobility impaired subjects. The NASBLA field sobriety battery is patently different than the NHTSA SFST battery. The NASBLA field sobriety battery includes the following tests: (1) HGN, (2) finger to nose test, (3) palm pat test, and (4) hand coordination test. The battery is designed to detect boating while impaired (BWI) / boating under the influence (BUI) suspects and all tests are conducted from a seated position. Since the tests are conducted from a seated position, the NASBLA tests are supposedly applicable to detect DWI / DUI suspects. The problem with applying NASBLA tests to DWIs is that there is no study to prove their validity. In 2008, a study was conducted by NASBLA and the U.S. Coast Guard entitled “Validation of Standardized Field Sobriety Tests For Use in the Marine Environment.” The purpose of the study was to validate SFSTs for BWI / BUI enforcement in the marine environment. Due to balance, stability, and equilibrium issues that boaters may face, law enforcement realized that roadside SFSTs were not adequate to test for BWI. The NASBLA study shows that the NASBLA waterborne SFSTs are more accurate in testing for BWIs than traditional NHTSA roadside SFSTs. Since the study only focused on BWI enforcement, it was only validated for the marine environment. When a police officer attempts to use a NASBLA test to detect a roadside DWI suspect, that officer is using an unproven testing system. To reiterate, NASBLA tests have only been validated for use in the marine environment and are not proven to be effective to detect DWI suspects. Thus, NASBLA field sobriety tests should hold very little weight when used to prove that a mobility impaired suspect as DWI. If you were charged with DWI and would like to speak to a Huntersville DWI attorney, please contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area. The Standardized Field Sobriety Testing (SFST) battery consists of three tests: (1) Horizontal Gaze Nystagmus (HGN), (2) Walk and Turn (WAT), and (3) One Leg Stand (OLS). These tests help the officer to determine impairment and establish probable cause for arrest. HORIZONTAL GAZE NYSTAGMUS (HGN) Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye, which is exaggerated when a person is under the influence of alcohol. During the HGN test, the officer will observe the eyes of a suspect as they follow a stimulus (such as a pen or small flashlight) held 12 to 15 inches in front of them. As the stimulus is moved horizontally, the officer looks for three indicators of impairment in each eye. The officer looks to see if (1) the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset for the jerking is within 45 degrees of center. There are a total of 6 clues the officer is looking for, 3 in each eye. If the officer detects 4 or more clues, research suggests that there is an 88% chance that the suspect has a BAC of at least 0.08. WALK AND TURN (WAT) The Walk and Turn (WAT) test is a divided attention test, which requires a suspect to listen and follow instructions while performing a physical act. People who are impaired have difficulty performing tasks that require dividing their attention between simple mental and physical exercises. The WAT requires a suspect to take 9 steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn around on one foot and take 9 steps back, heel-to-toe, along the same straight line. The WAT has a total of 8 clues the officer is looking for: (1) Can't keep balance while listening to instructions, (2) Starts too soon, (3) Stops walking to steady self / regain balance, (4) Misses heel-to-toe, (5) Steps off the line, (6) Use arms for balance or raises arms over 6 inches, (7) Improper turn (loses balance, stumbles, or turns in a way other than officer demonstrated), and (8) Incorrect number of steps performed. Research suggests that when a suspect demonstrates 2 or more of the 8 clues, there is a 79% probability that the suspect will have a BAC of at least 0.08. ONE LEG STAND (OLS) The One Leg Stand (OLS) is another divided attention test. The OLS requires the suspect to stand with one foot approximately 6 inches off the ground while counting out loud by thousands. The suspect will not be told how long the test lasts and will be required to continue until requested to put his foot down. The officer will time the suspect for a period of 30 seconds. In the OLS, the officer will look for the following 4 clues of impairment: (1) Sways while balancing, (2) Uses arms to balance or raises arms over 6 inches, (3) Hopping, and (4) Putting their foot down before the 30 second period elapses. If the suspect puts their foot down 3 times, they are unable to perform the test. NHTSA research suggests 83% of suspects who display 2 or more clues have a BAC of at least 0.08. Contact Adkins Law to schedule a free DWI consultation with an DWI lawyer, DUI lawyer, DWI attorney, DUI attorney. Adkins Law is located in Huntersville, North Carolina and primarily serves Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, and Cabarrus County. |
Archives
January 2022
|