Know what to expect if you are pulled over by police.
If you are pulled over on suspicion of driving under the influence (DUI) in South Carolina, you will be asked to submit to a series of field sobriety tests (FSTs). While these tests are not the only methods police use to determine impairment, the results can be used against you in court. But are you required to take these tests?
The answer is no. In South Carolina, drivers are not legally obligated to take field sobriety tests.
But what exactly are these tests, and how do they work? Here are the three standardized field sobriety tests used by law enforcement.
The Horizontal Gaze Nystagmus (HGN) test
Nystagmus refers to the involuntary jerking or bouncing movement of the eyes, which can be exaggerated when a person is under the influence of alcohol.
The officer takes the person being tested in a well-lit area and instructs them to stand still and keep their head still throughout the test. The person being tested will be asked to follow a stimulus (such as a pen or flashlight) with their eyes. The officer observes the person’s eyes for signs of nystagmus.
Holding the stimulus (e.g., a pen) approximately 12-15 inches away from the person’s face and slightly above eye level, the officer moves it smoothly from side to side. The officer will watch for three specific indicators of nystagmus:
- Lack of smooth pursuit: Inability to smoothly track the stimulus, with the eyes exhibiting jerky or irregular movements.
- Distinct nystagmus at maximum deviation: Nystagmus becomes more pronounced when the eyes are at maximum deviation (i.e. when looking as far as possible to the side).
- The onset of nystagmus prior to 45 degrees: Nystagmus begins before the eyes reach a 45-degree angle when tracking the stimulus.
The Walk-and-Turn (WAT) Test
This test is used to assess a person's coordination, balance, and ability to follow instructions, which can be impaired by alcohol or certain drugs.
The officer instructs the person on how to perform the test. The person will be asked to take nine heel-to-toe steps along a straight line, turn around in a specific manner (usually pivoting on one foot), and take nine heel-to-toe steps back along the same line. The officer will also demonstrate the test.
The person is asked to assume the starting position by placing one foot in front of the other, touching heel to toe, and keeping their arms at their sides. The officer will tell the person when to begin. The person will be instructed to keep their eyes on their feet, count each step out loud, and maintain the heel-to-toe position throughout the walk.
Throughout the test, the officer observes the person for specific indicators of impairment, such as:
- Failure to maintain balance while listening to the instructions or during the walking stage.
- Stepping off the line.
- Using arms for balance.
- Taking the incorrect number of steps.
- Failure to touch heel to toe with each step.
The One-Leg Stand (OLS) Test
This is another test to help assess a person's balance, coordination, and ability to follow instructions.
The officer instructs the person on how to perform the test. The person will be asked to stand on one leg while raising the other leg approximately six inches off the ground and counting out loud for a specific duration. The officer will also demonstrate the test.
The person is asked to assume the starting position by standing with feet together and arms at their sides. The officer will ask the person to begin the test. The person must raise one leg, keeping arms at their sides, look at the elevated foot, and count out loud, usually for 30 seconds.
Throughout the test, the officer observes the suspect for specific indicators of impairment, such as:
- Swaying while maintaining balance.
- Using arms for balance.
- Hopping to maintain balance.
- Putting the raised foot down before being instructed to do so.
- Inability to complete the test for the specified duration.
Can FST results be challenged in court?
According to the National Highway Traffic Safety Administration (NHTSA), the standardized tests are 91% accurate. But that’s only if all three tests are administered, the officer administers each test accurately and appropriately, and the person being tested does not have any medical conditions that could interfere with the results.
That’s why you need an experienced South Carolina DUI attorney who can fight for your rights. Matt Bodman, P.A. can help. Attorney Bodman is a former prosecutor who understands how field sobriety tests are used in DUI cases. He knows where to look for weaknesses in the case against you and will fight for the best possible outcome.
If you’ve been arrested for DUI, you need legal representation. There’s too much at stake. You could be facing heavy fines, increased insurance premiums, and possibly jail time.
Learn more about how Attorney Matt Bodman can help. Contact us today to schedule a free consultation at his Columbia, SC office.
