Posts Tagged ‘Field Sobriety Test’

Utah DUI Walk and Turn Test Demonstrated and Errors Identified

Clayton Simms, Criminal Defense Attorney, on the topic of  Alcohol in Utah, Dealing with Police, DUI in Utah, Utah Crime Related Videos
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This Video demonstrates the errors committed by an allegedly sober driver performing the walk and turn, which is a DUI test given to people suspected of drunk driving. Remember, the field sobriety tests are difficult to complete even when sober and many would argue are designed for people to fail.

The woman in this video fails because:

1. No heel-to-toe contact
2. She starts too soon
3. She turns improperly
4. She completes the wrong number of steps

How do you think she did? Is she sober?

How to beat Utah DUI Field Sobriety Tests

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Alcohol in Utah, Dealing with Police, DUI in Utah, Utah Law
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Photo: OregonDOT

Photo: OregonDOT

When you are pulled over and suspected of a DUI in Utah, the cop will ask you to submit to three field sobriety tests: 9 step walk and turn, the one leg stand, and the horizontal gaze nystagmus test.  Here’s an overview of each one and instructions on how to beat them at the end of the post.

9 step walk and turn: Person takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the person can keep their balance, follow instructions, leave space between heel and toe, step off the line, or lose balance while turning.

One Leg Stand: Person stands with heels together, arms at the side, and then raises one leg six inches off the ground while counting out loud until the officer allows the person to stop. The officer is looking for the person to raise of the arms, swaying, hopping, putting the foot down, and inability of person to stand still.

Horizontal Gaze Nystagmus Test:  The officer will position a pen or finger 12 inches away from the driver’s face and move the pen or finger from side to side while watching the person’s eyes. The officer is looking for involuntary jerking or trembling of the eyeball. This jerking or trembling could be a sign that the person has consumed alcohol.

There is an easy way to beat these tests: do not consent to them.  These tests are setup to make the driver fail.  Even if you were sober, these tests would be hard to beat.  The officer only needs to see something slightly off to assume that you are drunk and arrest you.  Don’t allow this to happen.  Don’t let a cop intimidate you into taking these tests to prove your innocence.

You have the right to refuse to take these tests.  Remember that cops aren’t trying to help you in this situation.  They are trying to gather evidence to be used against you!