To determine whether someone has impaired driving ability, the police may utilize field sobriety tests (FSTs) in addition to chemical testing and other methods. However, many parties, including defense attorneys and researchers, consider these tests to be subjective and, as a result, not an accurate and reliable way of establishing impairment. Learn if field sobriety tests in NH are reliable, and whether challenging their results constitutes a valid DUI defense in NH, and discover how a seasoned New Hampshire criminal defense lawyer from Friedman & Bresaw, PLLC can fight for the rights of motorists facing DUI charges on the basis of FST results; contact our team today by calling (603) 707-4800.
What Are the Field Sobriety Tests in NH?
Law enforcement in New Hampshire conducts FSTs to ascertain whether a driver is operating a motor vehicle while impaired. If the results indicate impairment, police officers use these to demonstrate that they have probable cause (a valid legal reason) to arrest a motorist on the suspicion of committing a driving under the influence (DUI) offense. FSTs are commonly used across the nation, including in New Hampshire, as a result of a 1970s research study carried out by the Southern California Research Institute and funded by the National Highway Traffic Safety Administration (NHTSA), which recommended their use.
Before police officers can administer FSTs, they must complete a detailed training program run by the International Association of Chiefs of Police (IACP) in conjunction with the NHTSA, helping them to spot intoxication symptoms in suspects. New Hampshire permits three types of FSTs for use in DUI cases, as described below.
Horizontal Gaze Nystagmus (HGN) Test
HGN is a sudden, involuntary eye movement, which typically occurs when a person focuses their eyes to one side. When intoxicated, this movement is often more persistent. During the test, the police officer asks the driver to focus on a moving object, such as a small flashlight or pen, while the law enforcement official checks to see whether the person can effectively track the object; here, the officer is looking at the angle where the pupil begins to jerk involuntarily, and if this happens at a 45-degree angle or lower, it could indicate a high BAC.
Walk-And-Turn Test
Similar to the one-leg stand test, the walk-and-turn test assesses a person’s ability to correctly follow instructions. Unimpaired drivers can typically complete these tests without difficulty, meaning the failure to complete them could indicate impairment. This test involves the driver walking in a straight line, in a certain number of heel-to-toe steps, turning around on one foot, and then walking back in the opposite direction in the same way; the driver might exhibit indicators of impairment if they fail to maintain balance or if they walk the incorrect number of steps.
One-Leg Stand Test
Passing this test involves the suspect successfully lifting one foot from the ground, keeping it approximately six inches in the air, and counting for a minimum period of 30 seconds. During this assessment, the driver must avoid hopping and swaying and maintain their balance. If they place their foot down before the police officer asks them to, this may indicate impairment.
Gain a more detailed understanding of the reliability of field sobriety tests in NH, and find out whether challenging FST results is an effective DUI defense in NH. Contact the law offices of Friedman & Bresaw, PLLC to organize a confidential preliminary consultation with an accomplished New Hampshire DUI attorney.
How Accurate Is the Walk and Turn Test?
According to an analysis by the NHTSA, the walk-and-turn test is 68% accurate when used by itself. In the same analysis, the HGN test is 77% accurate and the one-leg stand test is 65% accurate when used individually.
What Is the Accuracy of the Entire FST?
Per the NHTSA study mentioned above, the overall accuracy of the FSTs used together is 82%. However, scientists argue that such measurements do not necessarily mean that FSTs are a reliable way of determining impairment. Assuming police officers carry out these tests correctly, they only indicate a BAC level rather than accurately measuring it, meaning they cannot precisely determine whether someone has impaired driving ability.
What Is a False Positive on a Field Sobriety Test?
Many individuals may not realize that FSTs have limitations that may result in a false positive. By understanding these, motorists can challenge their validity and safeguard their legal rights. Discover the answer to “What are the limitations of the field sobriety test?” below.
Human Error
The main reason behind FSTs generating false positives relates to human error. Despite receiving thorough training on conducting field sobriety tests, police officers may make errors during test administration. For instance, a law enforcement officer may not correctly keep track of the amount of time that a person has balanced on a single foot during the one-leg stand test; alternatively, they might misinterpret involuntary eye movement when handling the HGN test.
Disabilities and Medical Conditions
Underlying health conditions, as well as disabilities, as opposed to impairment by alcohol or drugs, may prevent people from performing well in FSTs. For instance, a neurological disorder may result in an individual displaying nystagmus during the HGN test when unimpaired. Similarly, if someone is suffering from issues within their inner ear, they may struggle to maintain the balance required to pass the one-leg stand test.
Environmental Factors
Environmental factors, including uneven roads, adverse weather, and poor lighting may substantially affect someone’s performance in an FST. For example, high wind speeds might lead to a person unexpectedly losing their balance. On top of this, if a motorist cannot see properly or if the road is slippery or uneven, completing the walk-and-turn test can be difficult, even if they are completely sober.
Build an Effective DUI Defense in NH by Contacting an Experienced New Hampshire Criminal Defense Lawyer
FSTs take place outside a motorist’s vehicle and help identify whether someone is displaying signs of impairment, such as assessing an individual’s ability to follow directions and maintain balance and checking how a person’s eyes react to motion and light. Used in conjunction with Breathalyzer testing, FSTs might identify impaired drivers, but healthy, sober motorists can fail these tests, bringing into question their reliability and accuracy. If facing a DUI charge based on the results of field sobriety tests in NH, find out how Friedman & Bresaw, PLLC can assist motorists with building an effective DUI defense in NH; call our firm today at (603) 707-4800 to discuss your legal requirements with a New Hampshire criminal law attorney.
