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If you've been charged with a DUI, you could face a range of consequences, from hefty fines to a suspended license. However, not all charges turn into convictions. If law enforcement didn't follow the proper protocols when making the arrest  — such as administering a field sobriety test incorrectly — this can be grounds for having the charges dismissed. Discover the proper procedures for common field sobriety tests below.

How Are the Common Field Sobriety Tests Conducted?

1. Balance

The officer will ask you to stand on one foot, usually while doing another task, like counting by increments of 1,000. You'll be asked to leave your hands at your sides. 

The officer will then look for signs of difficulty balancing and possible intoxication, such as swaying, using your arms to steady yourself, putting your foot down, or hopping to regain balance. A driver who exhibits two or more of these behaviors may be intoxicated. The officer can then ask you to take a breath test to check blood alcohol levels.

2. Walk-and-Turn

DUI

The officer might ask you to take nine steps along a straight line, turn on one foot, and then walk back the same way. They'll look for signs of impairment, like losing balance, stopping to regain composure, using arms to steady the body, and taking the wrong number of steps. If a person violates more than two of these points, they may be deemed intoxicated and receive a DUI charge.

3. Nystagmus

When a person engages their peripheral vision, the eyeball involuntarily twitches. When a person is intoxicated, this twitching becomes more exaggerated and will happen even when the peripheral gaze is at a less extreme angle.

When administering the horizontal gaze nystagmus (HGN) test, law enforcement will ask you to follow an object with both eyes. They'll look at your eyes to see if they can follow the object smoothly, if the jerking movement starts before 45 degrees of peripheral vision are required, and if the jerking is evident at the maximum peripheral point.

 

If you're facing DUI charges, trust Ozman Law Offices for help. Located in Walden, NY, this law firm provides aggressive representation in criminal law matters. They're members of the New York State Trial Lawyers Association and Orange County Bar Association. Visit their website to view a list of their practice areas, or call (845) 778-7777 to request a free consultation.

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