Author: Michael R. Herron

Most people don’t realize that the breath test in a DUI case is conducted after the suspect is already under arrest. So what is it that a Police Officer uses to decide whether or not to arrest a suspect? The field sobriety tests, of course. There are 5 basic field sobriety tests which Officers are trained to conduct. They are the walk and turn, the one leg stand, the finger to nose, the rhomberg alphabet, and counting backwards.

The walk and turn exercise requires a person to stand in a “start position” with one foot, florida dui attorney
, in front of the other and hands down by their sides. The, florida dui attorney
, person must hold this position while the officer instructs them on how to do the test. Little does the suspect know that he is already being graded by the officer.

It is not uncommon to see people step out of this position. Sometimes it is due to impairment, sometimes for more innocent reasons. It is a very uncomfortable way to stand. The person is then required to walk heel to toe in a straight line for 9 steps, then do a specific turn and go 9 steps heel to toe back to the start point. The Officer looks for people to start before the instructions are complete, step off the line, lose their balance, take an incorrect number of steps, do an improper turn, florida dui attorney
, or fail to do it altogether.

The one leg stand is easily the most difficult. This test requires you to stand on the leg of your choice and hold the other leg 6 inches off the ground for 30 seconds. The Officer is looking for a loss of balance, hopping, swaying, putting your foot down, stopping before the time is up and failure to do it altogether.

The finger to nose requires the person to, florida dui attorney
, stand “at attention” with their head tilted back and eyes closed.

The Officer then calls out “right” or “left” and the person is required to raise the corresponding hand and touch the tip of their nose with the index finger and return the arm to their side. The Officer is looking for the person to miss the tip of their nose, use the wrong hand, sway, lose balance or open their eyes.

The Rhomberg alphabet is simply saying the alphabet from A to Z without singing or chanting.

The person is required to stand “at attention” and the Officer is looking for a misstatement of the alphabet, swaying and loss of balance.

The counting test requires the person to stand in the same manner as the alphabet test. The person is given a starting point and a stopping point such as start at 67 and stop at 51. The person, florida dui attorney
, then counts backwards from the starting point to the stopping point.

The Officer is looking for miscounting, swaying and loss of balance.

The Field Sobrieties are an important part of any DUI investigation. Be advised however, that once you are suspected of DUI the Officer is “grading” every move you make. If you refuse them it will be used against you in court. However, a refusal is usually far less damaging to your case than poor performance on the field sobrieties.

The Officer usually makes a videotape of the field sobrieties which is shown in court to the jury. If you find yourself in the unenviable position of having to do them you should really think it through.

Michael R. Herron is a former DUI Prosecutor, a Gulf War Veteran and an experienced DUI Trial Attorney who can be reached at http://www.duitampa.com.

Source: ezinearticles.com