The U.S. National Highway Traffic Safety Administration’s (NHTSA) information on field sobriety testing covers the use of three separate tests, known as “standardized” field sobriety tests: the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. NHTSA cites statistics from multiple studies to support the claim that these tests are highly accurate when it comes to accurately identifying drivers whose blood alcohol concentration, or BAC, is above the legal limit of 0.08 percent, or who are too impaired by alcohol or other drugs to drive a car safely. But are the tests as uniformly reliable as these statistics seem to claim?
At first glance, the numbers look good: NHTSA cites a 1981 study that concluded the three field sobriety tests, when used together, were 81 percent accurate in identifying people impaired by alcohol or drugs. A 1998 study also cited by NHTSA brought these numbers up to 91 percent overall, claiming that better officer training had made the tests more accurate. Even if these numbers are accurate, however, they still indicate that 10 to 20 percent of drivers arrested for drunk driving were not too impaired to legally drive a vehicle.
Breaking down the “overall” percentages, however, paints a different picture. For instance, the 81 percent “œoverall” score in the 1981 study includes an accuracy rate on the walk and turn test of just eight percent. Even the horizontal gaze nystagmus test, deemed most reliable in both studies, only identified 77 to 88 percent of impaired drivers accurately – a margin of error that could mean that as many as one in every four DUI arrests was based, at least in part, on inaccurate test results.
Field sobriety tests are notoriously difficult, even for sober drivers. If you’ve been charged with a DUI, the experienced New Hampshire DUI attorneys at Tenn And Tenn, P.A. can help. For a free and confidential consultation by phone, call us today at 1-603-624-3700.
The “Horizontal Gaze Nystagmus” (HGN) test is one of the three standardized NH field sobriety tests that a police officer might give to a driver, if the officer suspects the driver is driving under the influence of alcohol. HGN occurs when the eyes jerk involuntarily from left to right when trying to see something that is traveling sideways out of the field of vision.
Many factors can cause horizontal gaze nystagmus. For instance, medical conditions such as a concussion or neurological disorders will cause HGN. Some prescription medications will also increase the chances of its occurrence, whether or not the person taking the medication is fully capable of driving a car. Finally, horizontal gaze nystagmus will occur even in healthy people if they are facing a strobe light or other rapidly flashing light or object.
In order to determine whether HGN is the result of alcohol intoxication or another medical condition, NH police officers are trained to check for equal pupil sizes and whether the eyes can “track†the same object together before administering the test. However, since so many factors other than intoxication can cause or aggravate the condition, even a carefully-given test cannot conclusively prove that a driver is too drunk to drive.
If you’ve been charged with drunk driving in New Hampshire, an aggressive defense from an experienced New Hampshire DWI attorney can be valuable as you seek the best possible outcome in your case. At Tenn And Tenn, P.A., we have the legal resources and experience to fight for our clients’ rights to obtain the best possible outcome. For a confidential case evaluation, call Tenn And Tenn, P.A. today at 1-888-511-1010.
By the time a New Hampshire police officer tells a driver it’s time for a breath test, the officer has already been watching the driver for some time. Police officers are trained to look for and remember clues that indicate a driver is intoxicated. Often, a police officer will require the driver to perform one or more NH field sobriety tests, such as a one-leg stand or a walk-and-turn test, before administering a breath test.
Preliminary breath testing gives a police officer an approximate reading of the driver’s blood alcohol concentration, or BAC. In New Hampshire, driving with a BAC of 0.08% or higher is illegal and usually results in a DUI arrest. What the breath test does not do, however, is tell the officer how impaired the driver is. The same amount of alcohol may cause a great deal of impairment or very little, depending on the driver’s size, whether the driver has had anything to eat, the driver’s personal tolerance of alcohol, as well as other factors. Drivers who are asked to perform a preliminary breath test in New Hampshire face penalties if they refuse. Even if the driver consents, however, a breath test must be performed correctly in order to be accurate.
Experienced New Hampshire drunk driving attorneys like those at Tenn And Tenn, P.A. know what to look for in the events that surround a driver’s arrest. We will review the details of your case thoroughly and fight to win the best possible outcome. For a free and confidential case evaluation, call Tenn And Tenn, P.A. today at 1-888-511-1010.
When a police officer stops a driver on the road, the officer may ask the driver to perform several physical tests. Known as “field sobriety tests,” these activities are meant to provide clues that will tell the officer whether or not the driver may be driving under the influence of alcohol or other drugs (DUI). One commonly-used field sobriety test in New Hampshire is the “one leg stand” test.
During the one-leg stand test, the officer first gives all of the instructions, then has the driver perform the test. The test consists of standing on one foot for at least thirty seconds, with the other foot held parallel to the ground and about six inches high. While standing in this position, the driver then has to count thirty seconds out loud. Signs an officer may use to determine that the driver has failed the test include waving the arms for balance, hopping, and putting the foot down.
The one leg stand test is not easy to do correctly. Also, it does not distinguish between someone who has been drinking and someone who has an injury, illness, or other condition that causes balance problems.
If you’re facing drunk driving charges in New Hampshire, please don’t hesitate to contact the experienced New Hampshire DUI attorneys at Tenn And Tenn, P.A. We will examine your case carefully and fight for the best possible outcome on your behalf. Call Tenn And Tenn, P.A. today at 1-888-511-1010 for a free telephone consultation.
