Field Sobriety Tests in Morgantown, West Virginia

If you’ve been pulled over in Morgantown, West Virginia, and suspected of driving under the influence (DUI), the police officer may ask you to undergo a field sobriety test (FST). These tests are designed to evaluate whether a driver is impaired by alcohol or drugs. While the results of field sobriety tests are commonly used as evidence in DUI cases, they are not foolproof, and there are several ways to challenge them in court.

At The Moore Law Firm, PLLC, we understand that being arrested for DUI can be a stressful and life-altering event. Our team of experienced DUI defense attorneys is here to help protect your rights and challenge the results of any field sobriety tests you may have taken. In this comprehensive guide, we’ll explain the various field sobriety tests commonly used by law enforcement in Morgantown and how we can help you defend against them.

Common Field Sobriety Tests Used in West Virginia DUI Cases

The National Highway Traffic Safety Administration (NHTSA) has identified three standardized field sobriety tests that officers commonly use to assess whether a driver is under the influence of alcohol or drugs:

1. Horizontal Gaze Nystagmus (HGN) Test
2. Walk-and-Turn Test
3. One-Leg Stand Test

Additionally, officers may also conduct non-standardized tests like the Modified Romberg Test or the Preliminary Breath Test (PBT). Below, we will break down each of these tests and explain how they are administered and their potential weaknesses.

1. Horizontal Gaze Nystagmus (HGN) Test

The Horizontal Gaze Nystagmus (HGN) test is one of the most common and reliable methods for assessing impairment due to alcohol use. The officer will ask you to follow an object, such as a pen or flashlight, with your eyes while keeping your head still. The officer is looking for three primary indicators:

• Lack of Smooth Pursuit: The officer watches for jerking movements in your eyes as they follow the object. A smooth, continuous eye movement is expected, and jerking indicates possible impairment.
• Distinct and Sustained Nystagmus at Maximum Deviation: The officer will move the object to the extreme left and right to check if your eyes show a jerking motion for at least four seconds.
• Onset of Nystagmus Prior to 45 Degrees: If your eyes begin to jerk before reaching a 45-degree angle, this is another indicator of impairment.

While the HGN test is widely accepted, it can be challenged on several grounds. For example, other factors like medical conditions (e.g., neurological disorders or certain medications) or fatigue can cause nystagmus, leading to false positives.

2. Walk-and-Turn Test

The Walk-and-Turn test is a divided attention test where the officer asks the driver to take nine heel-to-toe steps in a straight line, turn on one foot, and return along the same line. The officer will observe several aspects of the driver's performance, including:

• Balance: Failing to maintain balance during the test.
• Starting Too Early: Beginning the test before the officer gives the go-ahead.
• Stopping or Hesitating: Stopping while walking or losing focus.
• Stepping Off the Line: Failing to stay within the line.
• Improper Turn: Making an improper or unsteady turn.
• Missed Steps: Not completing the required nine steps.
• Use of Arms for Balance: Raising arms to maintain balance.
• Incorrect Number of Steps: Taking too many or too few steps.

This test is often subjective, and it’s easy for an officer to make errors in judgment. Nervousness, poor weather conditions, or even medical issues like injuries or back pain can cause difficulties in performing the test. We can challenge the officer’s observations and argue that the results were inaccurate or unfairly influenced by external factors.

3. One-Leg Stand Test

The One-Leg Stand test requires you to stand with one foot approximately six inches off the ground while counting aloud (e.g., “one thousand one, one thousand two”). The officer is looking for signs of impairment, including:

• Swaying: Loss of balance or difficulty maintaining the position.
• Hopping: Attempting to maintain balance by hopping on one foot.
• Arms Raised for Balance: Using your arms to balance yourself.
• Foot Placing on the Ground: Putting your foot down during the test.

Like the Walk-and-Turn test, the One-Leg Stand test can be influenced by external factors, such as fatigue or physical injuries. We can argue that these factors impacted your performance, leading to inaccurate conclusions about your sobriety.

4. Modified Romberg Test (Non-Standardized)

The Modified Romberg Test is a non-standardized field sobriety test that is primarily used to detect impairment due to drugs rather than alcohol. In this test, the driver stands with their feet together, closes their eyes, tilts their head back, and estimates the passage of 30 seconds. The officer observes your ability to divide your attention and maintain balance while performing this task.

This test is highly subjective and can be influenced by various factors, such as anxiety, nervousness, or medical conditions. It is not always reliable and can be challenged based on the officer’s failure to properly administer the test or account for external factors affecting your performance.

5. Preliminary Breath Test (PBT)

The Preliminary Breath Test (PBT) is a portable breathalyzer used by officers to determine if a driver has consumed alcohol. It’s typically administered after the officer has already observed other signs of impairment. However, the results of a PBT are not admissible in court—they are only used by the officer to determine whether further testing (such as an arrest or additional tests) is warranted.

Before administering the PBT, the officer must observe the driver for 15 minutes to ensure no food, drink, or tobacco consumption occurred during that time. If the officer fails to follow the proper procedure, the results of the PBT may be challenged in court.

Challenging Field Sobriety Test Results

Field sobriety tests are not perfect, and there are numerous factors that can affect their accuracy. At The Moore Law Firm, PLLC, we thoroughly investigate every aspect of your DUI case to identify weaknesses in the administration of these tests. Potential challenges include:

• Improper Test Administration: Officers must follow strict protocols for administering field sobriety tests. Failure to do so can invalidate the test results.
• Physical Limitations: Health issues such as injuries, neurological conditions, or medication use can affect test performance.
• Environmental Factors: Conditions like poor weather, uneven ground, or distractions can hinder a driver’s ability to perform these tests accurately.

If you’ve been arrested for DUI in Morgantown, it’s crucial to consult with a knowledgeable DUI defense attorney who can challenge the results of field sobriety tests and build a strong defense on your behalf.

Contact The Moore Law Firm, PLLC Today

If you’ve been arrested for DUI in Morgantown, WV, or surrounding areas, don’t risk your future without the help of a skilled DUI defense attorney. The team at The Moore Law Firm, PLLC has extensive experience challenging field sobriety tests and fighting DUI charges.

Contact us today for a free consultation, and let us help you protect your rights and future.