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Minnesota DUI Lawyers

Field sobriety testing is a crucial element in DUI cases. Initially, field sobriety testing serves as the best method by which an investigating officer can ascertain whether probable cause exists, which in turn would require the suspect to submit to breath testing. It is also the best way the State can establish the probable cause, which must be established before a suspect can be arrested and then charged with DUI.

Horizontal Gaze Nystagmus

The Horizontal Gaze Nystagmus Test is not a test of vision, but it is imperative that the suspect be able to follow the stimulus in order to make an accurate scoring of this test. The suspect must be instructed to look straight ahead, keeping the head still while following and focusing on the stimulus with the eyes until told to stop. The stimulus must be twelve to fifteen inches in front of the suspect's eyes for ease of focus.

Walk and Turn Test

It is required that this test be performed on a hard, dry, level, non-slipping surface, with sufficient room for the suspect to complete nine heel-to-toe steps. This test loses some validity when conducted in certain wind/weather conditions that counters this criteria. The test calls for a straight line, which must be clearly visible on the surface.

The walk and turn test is an objective test based upon certain predictable errors that a person under the influence will display, as well as scoring factors that will give the officer a basis for passing and failing other than their subjective opinion.

Walk and turn tests are commonly referred to as a “divided attention test” because it divides the suspect's attention between mental and physical tasks. The physical tasks include balance and coordination while the mental tasks include comprehension of verbal instructions, processing of information and recall of memory. While a person may be able to perform one task they may not be able to perform the other if under the influence of an alcoholic beverage.

One Leg Stand Test

In the administration of this test, there are also two separate stages involved. The first stage is also called the Instruction Stage. The test is initiated by giving verbal instructions, followed by and accompanied by demonstrations of those instructions. The officer is trained to advise the suspect to stand with their heels together and arms down at their sides. The officer must demonstrate this. The officer must also inform the suspect not to start the test until told to do so, and must receive an indication from the suspect that they understand the instructions so far and to document this acknowledgement.

In the balance and counting stage, the officer is required to explain the test requirements further by instructing the suspect to stand on one leg, holding the other foot in front, while the officer demonstrates. The suspect should be allowed to stand on either leg that they wish. The suspect is instructed to keep the foot raised about six inches off the ground. The officer demonstrates this and should advise the suspect if it isn't to the officer's satisfaction.