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July 24, 2008

Texas DUI Field Sobriety Tests

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Filed under: DUI Lawyer in Texas — author @ 3:11 am

Reader’s Question:

My friend was charged with DUI in Carrollton, Texas and I was with him when he got arrested. He was asked to perform some exercises to test if he had been drinking? What are these tests and what is really their purpose in doing these tests?

Vance

Carrollton, TX

These tests are called field sobriety tests (FST). In order to prove probably cause for a DUI arrest in Texas, the police may ask a person to perform these tests. The main purpose of the FST’s is to show abnormal use of mental or physical faculties. The manuals for these FST’s are given by the National Highway Traffic Safety Administration (NHTSA). The three tests that are mainly being given are Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and One Leg Stand (OLS).

In doing the HGN, the officer will hold a pen-like object and instructs the person to follow the pen only with the eyes and the officer will observe if the eyes will jerk which is one symptom of being drunk. In WAT, the person will be requested to walk down an invisible line, stop, turn, and then walk back. Before the test, the police officer will give you further instructions such as stanging in unnatural positions, and then told to begin walking the line. The person is graded on ability to follow instructions and to perform simple tasks. In doing the OLS, the officer will ask you to stand on one foot with the other foot lifted in front of you. While doing this, the officer will instruct you to lift your foot higher and higher for a period of 30 seconds, which causes you to lose balance.

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