Sobriety Tests and Stops

Understanding sobriety tests and DUI evidence

DUI investigations can involve driving observations, questions, field evaluations and chemical tests. These are different forms of evidence. Their significance depends on the facts and the applicable legal requirements.

The standardized field sobriety test battery includes horizontal gaze nystagmus, walk-and-turn and one-leg-stand. NHTSA-supported research underlies these tests. That does not mean every test administration or interpretation is correct. Instructions, administration, observations and relevant limitations should be reviewed in the individual case.

A field evaluation is different from a state-administered chemical test. Do not assume that the same legal rules or consequences apply to each. A short website article cannot assess the choices presented during a particular stop or the effect of a refusal.

Attorney Ned Ogueri can review available video, reports, testing records and the circumstances of the stop. Depending on the facts, issues may concern the stop, the evidence obtained or the procedures followed. A challenge does not guarantee exclusion of evidence or dismissal of the charge.

If you have been charged, preserve citations and notices and seek an individual review promptly. Criminal proceedings and driver’s-license issues may involve separate procedures and deadlines.