Blog Layout

Standard Roadside Sobriety Tests and How They Are Performed
Admin • May 15, 2020
Standard Roadside Sobriety Tests And How They Are Performed — Hillsville, VA — Tolbert & Tolbert, LLP

How much do you know about roadside sobriety tests? If you're like most motorists, you probably don't know much about these tests. This article will highlight what you need to understand about the three NHTSA-approved roadside sobriety tests, how they are performed, their reliability, and how they aid police in investigating DUI cases.

 

Pen-Waving Test

Horizontal nystagmus (HGN) is a term the medical community uses to describe the involuntary jerking, bouncing, or twitching of the eyeballs. This movement occurs when you move your eyeballs towards the side.

 

Most sober individuals show minimal to no signs of nystagmus until they move or rotate their eyes at an angle of 45° from their nose. When an individual is impaired, however, HGN is more pronounced and may even occur at smaller angles.



Test Administration Procedure



After pulling you over, the officer will request you to look straight ahead, keep your head still, and look at a stimulus that they'll hold up approximately 1 foot from the center of your face. The stimulus can be anything from a pencil to a flashlight.



The officer will then order you to follow the stimulus as they move it slowly from your left to your right. This part of the critical test helps the officer to check for signs of nystagmus and equal pupil size.



A few seconds after performing the first portion of the test, the police officer may ask you to track the stimulus again as they move it more quickly from side to side. This last step allows the officer to check for equal tracking and determine the exact angle at which the exaggerated HGN occurs.



Positive HGN test results might indicate BAC levels above 0.10. But this is not always true. Research has shown that factors such as medical conditions, psychiatric disorders, hereditary factors, age, the type of stimulus, and prescription drugs can also cause nystagmus.



HTT Walk Test

The heel-to-toe test is also commonly referred to as the walk-and-turn or straight-line test. The traffic police officer uses this test to assess your ability to count, balance, focus, and follow orders.



Test Administration Procedure



The police officer will request you to take several steps (usually 9) along an imaginary or a drawn straight line. In the first phase, the officer will seek to determine your ability to follow orders and balance. In the last phase, the police officer will look for other signs that the BAC levels could be above 0.10.



One-Leg Stand Test

This standard test is intended to evaluate your ability to balance as you focus your attention on something else.



Test Administration Procedure



The police officer will request you to stand on one leg for about 30 seconds with your hands on your sides. You may also be asked to count by thousands to identify signs of impairment. The examiner will be looking to see if you fall over, lose balance, or display other critical signs.



Reliability of the Sobriety Tests

According to NHTSA, HGN or pen-waving tests have a reliability rate of 77%. HTT walk has a 68% reliability rate, while the one-foot stand has a 65% reliability rate.



If you fail at least one of the standard tests, the traffic officer may arrest you for DUI. But even when conducted in the most ideal of scenarios, standardized field sobriety tests are never 100% accurate or reliable. Hiring a seasoned DUI lawyer can help to spot weaknesses in the test procedure or results, which is a critical step towards building a defense against DUI charges.



If you are in Virginia and need legal assistance after a DUI arrest, Tolbert & Tolbert, LLP, can help you get away with the best possible outcome. Contact us right away for advice or legal representation.

Motorcycle Accident — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin November 7, 2023
Employ a motorcycle accident injury attorney from Tolbert & Tolbert, LLP when you've been involved in a motorcycle accident in Patrick County, VA.
Dui Charges After Passing A Breathalyzer: What Evidence Police Use — Hillsville, VA — Tolbert & Tolb
By Admin July 20, 2020
If you're pulled over for DUI, you may face charged even if you pass a breathalyzer test. Learn more about what evidence police can use on our blog.
Top Defenses To Traffic Violations — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin June 12, 2020
You don't have to suffer the consequences if the police accuse you of a traffic violation. LEarn some defenses can help you avoid a conviction.
Can A Pedestrian Be Held Responsible For An Accident? — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin April 14, 2020
In most cases, pedestrians have the right-of-way, but in some situations, the pedestrian's actions can put them at fault for an accident. Learn more here.
Why Hire An Attorney For Traffic Violations — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin April 7, 2020
Hire an attorney to help you fight traffic violation charges, and you may be able to decrease the fine or prevent points from being added to your license.
Steps To Take If You've Struck A Pedestrian — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin March 3, 2020
Streets are often very busy. You typically have to contend with other cars, trucks, bicycles, and pedestrians as you navigate to your destination. Everyone using the roads, including pedestrians, needs to adhere to a set of laws. Yet sometimes accidents still occur. If you're involved in an accident in which your car strikes a pedestrian, take the following steps.   Stop and See to the Pedestrian's Safety Fight-or-flight instinct often kicks in after an accident, and some drivers are motivated to flee the scene. However, the criminal charges of a hit-and-run accident are far more severe. So if you're involved in an accident with a pedestrian, your paramount duty is to stop. Make sure you're not obstructing traffic and that your hazard lights are engaged.   Once your car is safely stopped, attend to the pedestrian. The act of moving a person who has been struck by a car is tricky. If they're ambulatory on their own, you can guide them to a safe space. If they're prone, though, you shouldn't encourage them to move because moving can make any injuries worse.   You do want to stay with the pedestrian until help arrives. If the injured person can't move from the road, then you'll need to somehow minimize the risk of further injury. Assess the current traffic at the time of the accident to make the call of what to do to minimize that risk.   Call for Help Your next step should be to call for medical help, both for yourself and the pedestrian. Often, the extent of injuries is not clear, so call for an ambulance even if both of you seem fine. Likewise, you should call the police — a 911 call should be sufficient.   If you're a medical professional yourself, you might be inclined to help the pedestrian. Virginia law protects people who make a good faith effort to treat an injured person. Generally speaking, as long as you're acting in good faith, you should be exempt from liability regardless of the outcome. That said, you want to evaluate your own state after an accident before offering medical help.   Document the Accident Scene Any time you're in a car accident, you should document the scene. You'll need this information for your insurance and for any potential legal issues that arise from the accident. You can start by noting the time, date, and location of the accident. You can also note the weather conditions. Likewise, make some notes about your version of the accident while it's fresh in your memory.   Get the name and contact information of everyone involved. This contact information should come not only from the pedestrian but also from any potential witnesses. Also get the name and badge numbers of the officers who report to the scene. You'll later want a copy of the accident report as well.   Finally, don't be afraid to take photographs of the scene of the accident. These photos should document property damage. Don't take photos of the pedestrian unless you have permission. Likewise, don't exchange information about the accident itself with the pedestrian or witnesses beyond contact information.   Contact Your Insurance and an Attorney Whenever you're in a car accident, you need to contact your insurance company. The details you've collected from the accident will be very useful. You need to take this step even if your car didn't incur any damage because the pedestrian will likely file a claim.   Your next step should be to contact a traffic attorney. If you're found to be at fault, then the pedestrian might be able to recover compensation for injuries. However, in some cases, the pedestrian is at fault. Jaywalking, crossing against the traffic signal, and walking in prohibited areas are examples of that situation. An attorney can help you navigate these instances of liability.   Always be aware when you're on the road. In the unfortunate event, though, that you're involved in an accident with a pedestrian, take the above steps to protect yourself. If you need legal help, call Tolbert & Tolbert, LLP .
4 Types Of Common Civil Cases — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin January 31, 2020
In civil cases, someone has been wronged. If you would like to learn more about civil cases and lawsuits, check out these four common types
3 Traffic Laws In Virginia You Should Know About — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin December 20, 2019
If you live in Virginia or drive through the state regularly, you should be aware of the traffic laws. Discover three important traffic laws in Virginia.
Distracted Driving And Cell Phone Laws In Virginia — Hillsville, VA — Tolbert & Tolbert, LLP
By Admin November 19, 2019
As of 2019, Virginia has updated laws about cell phone use and distracted driving. Read this blog to learn what these updates mean for you as a driver.
Show More
Share by: