Field Sobriety Tests in Bloomington DWI Cases

If a police officer pulls you over on suspicion of driving while intoxicated (DWI), they must prove it. They attempt to do this by administering any of three field sobriety tests, along with a breath test.

Minnesota presumes you are impaired if your blood alcohol concentration (BAC) is at least 0.08. The other sobriety tests only cement the prosecutor’s case if you do not pass them. Although there are no definitive tests for illegal or prescription drugs in the field, an officer could deem you impaired if you fail the sobriety tests.

Understanding field sobriety tests in Bloomington DWI cases arms you with the knowledge to fight impaired driving charges. Call BK Law Group today to build your defense with an experienced DWI attorney.

The Horizontal Gaze Nystagmus Test

When people gaze sideways, their eyes involuntarily jerk, and the jerking is more pronounced if they are intoxicated. Police officers administer the horizontal gaze nystagmus (HGN) test when they command a person suspected of impaired driving to follow a flashlight beam or a small object like a pencil. When the person’s eyes jerkily track the beam, the officer considers them to have failed the test.

This test has also been used to identify drugged driving when other depressants are used, but it is not failsafe. Prescription seizure medications or barbiturates can register positive HGN results. Although drugs can impair drivers, field sobriety tests in Bloomington DWI stops have even registered false positives for alcohol. A defense attorney should be consulted in these cases to fight the charges.

The Walk And Turn Test

Walk and turn (WAT) tests challenge a driver to follow an officer’s instructions by first listening and performing the task: walk nine steps heel-to-toe in a straight line, turn on one foot, and return to the starting point. Officers look for signs the driver is impaired, including the following:

• Whether the driver listens to complete instructions or begins the task prematurely
• Does the driver maintain good balance, stop to correct it during the task, or use their arms to maintain balance
• Does the driver walk in a straight line
• How close to heel-to-toe the driver comes
• Does the subject take more, less, or exactly nine steps
• Is the turn executed properly

The National Highway Traffic Safety Administration reports that drivers who fail at least two of the signs officers look for are likely impaired beyond a BAC of 0.08. Unfortunately, many people who take the test while sober fail it.

This can happen because of balance issues exacerbated during aging or due to conditions such as neuropathy or ankle and foot sprains. Consult a Bloomington lawyer after taking field sobriety tests pursuant to DWI cases to learn how we defend our clients.

The One-Leg Stand

The one-leg stand (OLS) test requires a driver to balance on one foot with the other held six inches above the road for 30 seconds while counting aloud. During this feat, the driver is monitored for swaying, hopping, and using their arms to maintain balance.

This is another balance test that many sober drivers cannot pass because of medical issues or because they are not in top physical condition. Field sobriety tests in Bloomington DWI stops can relay deceptive results, so discussing them with an experienced defense lawyer is best.

Call an Attorney to Challenge Field Sobriety Tests in Bloomington DWI Cases

Minnesota’s per se DWI law means if you register a 0.08 percent or higher BAC, you are presumed intoxicated and will be charged with DWI. In addition, field sobriety tests can be used as evidence if you do poorly despite your BAC being below 0.08.

You are not required to consent to these tests, except for a blood or chemical test with a stationary machine administered at the police station. You will be charged with a misdemeanor and lose your driver’s license, but you can refuse a portable breath test in the field. Your best course of action concerning field sobriety tests in Bloomington DWI cases is to call our lawyers and discuss a plan for your defense.