|
Georgia DUI
officers are
trained on
the NHTSA
approved
three test
standardized
field
sobriety
testing
battery.
These three
tests are:
1) the
Horizontal
Gaze
Nystagmus,
2) the Walk
and Turn,
and 3) the
One Leg
Stand.
HGN
The HGN test
has been
determined
to be the
most
reliable
(77% - 88%
reliable if
administered
correctly)
of the
three tests
mentioned
above.
It is the
only one of
the three
that has
been found
to be a
"scientific"
test.
Nystagmus is
an
involuntary
jerking in
the eyes.
A good
portion of
the
population
experiences nystagmus
naturally in
the eyes,
but alcohol
can make it
more
pronounced.
You are
supposed to
hold your
head still
and follow
the stimulus
(pen, finger
or light)
with your
eyes only.
The officer
looks
for lack of
smooth
pursuit,
distinct and
sustained nystagmus at
maximum
deviation
and onset of
nystagmus
prior to 45
degrees.
If this test
is
administered
improperly,
it has
little or no
reliability.
He looks for
three clues
in each eye,
for a total
possible six
clues.
If the
officer
thinks that
he observes
four clues,
you have met
the arrest
criterion
per his
training.
HGN has the
potential to
be the most
damaging
test of the
three and
therefore is
the most
critical to
attack on
cross
examination
or with an
expert
witness of
your own.
There are
about 100
different
non-alcohol
related
causes of
nystagmus in
the eyes.
Walk &
Turn
This test is
known as a
"divided
attention"
test.
This means
that you are
being tested
not just on
physical
performance
or balance,
but on
paying
attention
and
following
directions
as well.
You are put
into an
awkward
stance for a
prolonged
period of
time while
the officer
explains the
test to you.
You are
suppose to
take nine
heel to toe
steps
forward,
turn while
pivoting off
your front
foot and
then take
nine heel to
toe steps
back while
counting
your steps
out loud.
The officer
is looking
for
inability to
maintain
balance in
the
instruction
phase,
missing heel
to toe,
stepping off
the line,
improper
number of
steps,
improper
turn,
failing to
count out
loud, using
arms for
balance and
failure to
complete the
test.
If you do
any two of
the things,
you have met
the arrest
criterion.
One
Leg Stand
The one leg
stand is
also a
"divided
attention"
test.
The officer
will have
you raise
one foot of
your
choosing
approximately
6 inches off
the ground
and count
out loud
until he
tells you to
stop.
During the
test you are
suppose to
look down,
count out
loud, keep
your arms by
your side
and point
your toe
out.
The officer
is looking
for sway,
raising your
arms,
failing to
count out
loud,
putting foot
down,
stopping too
early,
losing
balance,
failure to
look at your
foot, point
toe etc...
If you show
two clues,
you have met
the arrest
criterion.
OTHER
SOBRIETY
TESTS NOT
APPROVED BY
NHTSA
ABC's
The officer
will have
you recite
some portion
of the
alphabet and
instruct you
to say it
without
singing it.
There have
been no
studies to
determine
what
correlation
any mistakes
made mean in
regard to
impairment.
Stress,
fatigue,
fear and
conditions
can play a
part in this
just the
same as any
other FST.
"Romberg"
While not a
true Romberg
test, this
modified
Romberg is
gaining
popularity
as more and
more
officers
attend DRE
school.
This test
also has an
unknown
reliability.
The officer
will have
you lean
your head
back, close
your eyes
and estimate
the passing
of 30
seconds.
The officer
is looking
for body
sway, eyelid
tremors and
improper
estimation
of the
passage of
time.
It should be
noted that
leaning your
head back
shifts your
center of
gravity
causing sway
as your body
tries to
return to
center.
Eyelid
tremors can
be caused
whenever the
vestibular
system is
disturbed.
Orientation
to time and
place
The officer
is asking
seemingly
simple
questions
like "What
time is
it?", "What
day of the
week or date
is it?"
What street
and cross
street are
we on?
|
