Ensuring police follow procedures during DWI traffic stops

The roadside tests given for suspected drunken driving are a source of considerable evidence for police and prosecutors, but the DUI defense attorneys at Jeffrey B. Ring & Associates have found over the years that they can also be a significant resource for drivers in building a defense.

Police use field sobriety tests (FSTs) to determine if a driver's abilities are impaired and to establish probable cause to conduct confirmation testing. The FST is merely an indicator of alcohol (or drug) consumption, but it can be the basis of a DWI arrest. However, only a breath, blood or urine test can confirm alcohol content - and the accuracy of those tests is always the subject of a vigorous defense.

At Jeffrey B. Ring & Associates, we pick these DUI tests apart, looking for failings in a test and how it was conducted by the investigating officer.

Types of standardized field sobriety tests

There are only three National Highway Traffic Safety Administration standardized field sobriety tests, and they are the same FSTs standardized for use in Minnesota. Those tests are:

  • One-leg stand. A driver is asked to stand on one leg. If the driver can successfully stand on one leg, then the test is passed. It may be necessary to alternate legs.
  • Walk and turn. In this DUI test, the driver is asked to walk a straight line. If there is a waiver in the person's walk, if they are all over the place or there is any other sign of impairment, then the test is failed.
  • Horizontal gaze nystagmus test. Excessive alcohol consumption can cause a disturbance in the inner ear, which results in loss of control of the eye muscles and makes the eye jerk. Also called bouncing of the eye, it also can be caused by consumption of other substances, such as antidepressants and phencyclidine or inhalants. The more impaired an individual, the more the eye will jerk or bounce. Scientific research has shown that the horizontal gaze nystagmus test (HGN), when conducted correctly by police, is quite reliable in identifying impaired individuals.

Non-standard field sobriety tests

Several non-standard tests can be administered to indicate that an individual is under the influence. Because these tests have not been approved by the National Highway Traffic Safety Administration or the state of Minnesota, law enforcement officers are not obligated to follow specific procedures. The lack of standardization leaves the tests open to challenge for irregularity and inaccuracy by our capable Minneapolis DWI lawyers.

Some non-standard tests you may see:

  • Stand with your feet together and tilt your head back, which can also be done with the arms out
  • Count the number of fingers raised by the officer
  • Recite all or part of the alphabet
  • Count backwards
  • Place finger to nose with eyes closed
  • The hand pat test, which is done by extending both hands out in front, one hand with the palm up and the other with the palm down, then alternating the patting of each palm with eyes closed

After field-testing and arrest, breath, blood or urine tests may also be conducted to determine the level of impairment. While these are "voluntary," there is a criminal penalty for refusing a DUI test. You are charged with a gross misdemeanor and your driving privileges are revoked. Since the punishment is automatic and severe, it is best to take the test. But remember, you are entitled to call a DUI lawyer first.

We can fight for you

Contact Jeffrey B. Ring & Associates for a DWI attorney who is relentless in defending against field sobriety tests. We offer a free consultation, so there really is no reason not to discuss your case with us and see how we can help.