Standardized Field Sobriety Tests were developed by the National Highway Traffic Safety Administration (NHTSA) in the mid-1970s to establish a reliable and consistent way to evaluating intoxication. NHTSA determined that three tests, if administered in accordance with NHTSA guidelines, could accurately predict whether a person is under the influence such that the person cannot safely drive. The three field sobriety tests approved by NHTSA are the Horizontal Gaze Nystagmus “HGN” test (better known as follow my finger), the Walk-and-Turn test, and the One-Leg Stand test. These field sobriety tests consist of two distinct phases: the instructional phase and the performance phase. The officer should introduce each test and explain in detail how it is to be performed. HORIZONTAL GAZE NYSTAGMUS TEST In the horizontal gaze nystagmus test (HGN), the officer asks the driver to keep his or her head still and follow an object such as a pen with only the eyes. The officer moves the object back and forth in front of the operator and looks for “nystagmus” which is an involuntary movement of the eye. Some studies suggest that early onset of nystagmus is an indicator of alcohol intoxication. Although it is considered to be a standard field sobriety test, Pennsylvania courts have repeatedly held that the results of the HGN are inadmissible at trial. It can only be used in establishing probable cause to give police a reason to arrest you. Because the HGN test is not able to be captured on the police officer’s dash camera, the court will not be able to review your performance to determine if your eyeballs were shaking. Conversely, you will not be able to offer any evidence at the time of your preliminary hearing or trial to prove that you did perform the test satisfactorily. NHTSA testing determined that the HGN only yields the correct result approximately 77% of the time. It has also been proven that certain medications can mimic the signs of intoxication that show during HGN testing. WALK-AND-TURN TEST The walk-and-turn test is supposed to include the following instructions: Assume a heel-to-toe position on the line (usually a line on the road) with your arms at your sides [motorist is then required to actually assume this position for the remainder of the instructional phase]. When I tell you to, make nine heel-to-toe steps on the line in front of you, turn around and return in nine heel-to-toe steps. Watch your feet at all times, making sure that you walk in a straight line and that every step is heel-to-toe (officer should demonstrate). The motorist is then instructed to begin. In scoring the walk-and-turn test, the officer looks for the following eight clues: Cannot balance during instructions; Starts before instructed to start; Stops while walking; Misses heel to toe; Steps off line; Uses arms to balance; Makes an improper turn; and Takes more or less than nine steps. NHTSA testing determined that the walk-and-turn test is only accurate 68% of the time. ONE-LEG-STAND TEST The one-leg-stand test should include the following instructions: Please stand with your heels together and your arms at your sides (officer demonstrates and does not resume instructions until the driver is in the correct position). When I tell you to, I want you to raise one leg about 6 inches off the ground and hold that position while you count rapidly from 1001 to 1030 (officer demonstrates). The driver is then instructed to begin by raising either the right or left foot. In scoring performance of the one-leg-stand test, the officer looks for the following four clues: Swaying; Using arms to balance; Hopping; and Putting the foot down before the count of 30. NHTSA testing determined that the one-leg-stand test is only accurate 65% of the time. Failing is not necessarily an indication of intoxication. People with diagnosed medical conditions impacting vision, balance, coordination, or hearing may have problems with these field sobriety tests. Additionally, adverse weather conditions can also affect test results. Unsurprisingly, officers often do not follow their training on how to properly give these tests. However, the failure of a field sobriety test does give a police officer probable cause for an arrest. You would then need to decide if you will submit to a chemical test or face the penalties of a refusal under implied consent laws which usually lead to a one-year revocation of your driver’s license. Tibbott & Richardson 1040 Fifth Avenue, Fourth Floor Pittsburgh, PA 15219 (412) 444-7171 https://www.tibbottrichardson.com/