DUI Tests: Field Sobriety Test
If you’ve ever been pulled over on suspicion of a Colorado Springs DUI, you know that there are various tests that law enforcement officials will make you take in order to determine your level of intoxication. These tests can range from a breath test, to a blood test, to various field sobriety tests. Knowing what’s in store for you if you are ever stopped on suspicion of driving intoxicated can help smooth out the process and hopefully get you out of trouble before you’re even in it.
In the next few articles, I’m going to focus on field sobriety tests, since these are tests that are subjectively judged by law enforcement officials. Although FSTs are designed to be as objective and easy to judge as possible, they are not nearly as objective and scientific as a breath or blood test. For this reason, knowing what officers will look for during FSTs can either help you pass them or know what you can use in your defense if you are arrested and eventually go to trial.
The first FST police will usually perform is what is known as a horizontal gaze nystagmus (HGN) test. In laymen’s terms, this FST is known as a ‘follow the finger’ test and simply involves following a finger or pen with your eyes. During this test, the officer will be looking for involuntary eye movement, which you cannot feel or control. The good thing about HGN is that it takes an officer who is highly skilled in performing and scoring the test to be able to argue its accuracy in a court of law and survive the cross examination of an experienced Colorado Springs DUI attorney.
As will be the case with all FSTs, the admissibility and legitimacy of HGN test results will often depend on whether or not the office taped the test. If the test was taped, the prosecution may have an advantage, due to the fact that they can bring in an expert HGN test evaluator who may reinforce the officer’s conclusions. Then again, the right Colorado Springs DUI attorney may be able to acquire for you a similar expert who will be able to successfully argue the opposite.
Please remember that with these tips, we are not encouraging using this information to enable drunk driving. We are only trying to help those who are wrongly accused of and arrested for driving under the legal limit.
Check back soon for more information on other FSTs and DUI tests.
DUI advice | admin | 
April 28, 2011 7:02 pm
