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When an Orange County police officer or CHP (California Highway Patrol) officer pulls over a driver suspected of driving under the influence of alcohol or drugs, the officer may administer a group of field sobriety tests to the driver to test his or her sobriety. Although there are many individual field sobriety tests that have been used over the years and around the U.S., there are three tests that have become the standard:

(1) Walk-and-Turn (WAT) Test
The driver suspected of being impaired by alcohol or drugs is instructed by the officer to take nine heel-to-toe steps along a straight line, then turn around and take nine heel-to-toe steps back along the line. His or her ability to maintain balance and to understand and follow the instructions is tested.

(2) One-Leg-Stand (OLS) Test
The driver is instructed to stand on one leg, look at his/her foot and count out loud until the officer says “stop.” Balance and ability to follow instructions are assessed here too.

(3) Horizontal Gaze Nystagmus (HGN) Test
The driver is instructed to stand with his or her feet together and arms at the side, then to follow the horizontal movement of an object such as a pencil held by the officer. The officer observes and scores each eye separately. “Nystagmus” is involuntary bouncing or jerking eye movements. Nystagmus can be caused by a number of neurological, balance and physiological disturbances - not simply by alcohol or drug impairment.

The Field Sobriety Tests Are Fallible
Law enforcement officers are trained in administering these three sobriety tests in accord with guidelines from the NHTSA (National Highway Traffic Safety Administration) and the IACP (International Association of Chiefs of Police). Although that sounds pretty official, the validity of the tests and their results is controversial for a number of reasons. For example, as noted above, a person may show nystagmus for reasons that have nothing to do with alcohol/drug impairment. Some courts do not consider HGN results admissible.

Another reason that the field sobriety tests are controversial is that there is a lack of uniformity regarding how the tests are administered. Every field stop is unique, held at different locations and under various weather conditions, and most importantly, by different officers - human beings who are prone to put their own spin on the tests, despite their training.

Talk to Tom Wallin About Your Field Sobriety Tests
Field sobriety test results can be contested in court. Tell your story to DUI defense attorney Tom Wallin, and learn about your legal options.