Simone Lawson
In South Carolina, police officers may request a field sobriety test if they suspect someone is driving under the influence (DUI). These tests are used to determine whether there is probable cause to charge someone with DUI and typically examine a person's coordination, reflexes, balance, and overall cognitive functioning. While drivers are not legally required to perform these tests, refusing to take one differs from refusing a chemical test, which has stricter consequences. The National Highway Traffic Safety Administration (NHTSA) has sanctioned three field sobriety tests: the horizontal gaze nystagmus (HGN) test, the one-leg stand, and the walk-and-turn test.
| Characteristics | Values |
|---|---|
| Purpose | To determine if there is probable cause to charge someone with DUI |
| Administered by | Law enforcement officers |
| Mandatory | No |
| Number of tests | 3 |
| Tests | Horizontal gaze nystagmus test, Walk the line test, Stand on one leg test |
| Test procedure | The officer passes an object in front of the subject's face while they follow it with their eyes without moving their head. The subject is asked to take 12 heel-to-toe steps, turn around, and walk back while counting their steps. The subject is asked to stand on one leg and count to 30. |
| Test evaluation | The officer looks for "clues" of impairment, such as using arms for balance, hopping, or putting the foot down during the one-leg stand test. |
| Consequence of refusal | Refusing a field sobriety test does not have the same penalty as refusing a breathalyzer test, but the person could still be arrested on suspicion of DUI. |
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What You'll Learn
Field sobriety tests are not mandatory in South Carolina
In South Carolina, if you are pulled over on suspicion of DUI, the officer may ask you to perform field sobriety tests. These tests are used to determine if there is probable cause to charge someone with DUI. However, it's important to note that field sobriety tests are not mandatory in the state. While officers often make it seem like these assessments are required, you are not legally obligated to perform them. You have the right to refuse, and this refusal cannot be used against you during a trial.
The National Highway Traffic Safety Administration (NHTSA) has sanctioned three standardized field sobriety tests: the horizontal gaze nystagmus (HGN) test, the one-leg stand, and the walk-and-turn test. These tests are designed to help officers gauge your relative sobriety or intoxication. During the HGN test, the officer will pass an object or their finger in front of your face and ask you to follow it with your eyes, looking for involuntary jerking of the eye, which is a sign of impairment. The one-leg stand test involves asking you to stand on one leg and count to 30, observing if you need to use your arms for balance or if you hop or put the other foot down. The walk-and-turn test requires you to take heel-to-toe steps, turn, and walk back while counting your steps, and the officer will note any deviations from the instructions.
While these tests are standardized, officers often deviate from NHTSA standards in administering them. South Carolina's appellate courts have not ruled on the admissibility of these tests when they are not conducted according to NHTSA guidelines. Some lower courts have excluded the tests from evidence, while others have allowed the jury to view the evidence but given the DUI defense lawyer the opportunity to argue about the officer's deviations. It is worth noting that field sobriety tests are notoriously unreliable indicators of intoxication.
If you have been arrested and charged with a DUI based on your performance during a field sobriety test, it is essential to seek legal counsel. A good DUI defense lawyer will scrutinize the field sobriety tests and challenge the officers to ensure they administered the tests correctly. Understanding your rights and the applicable laws during a South Carolina traffic stop can help you better assert your rights when interacting with law enforcement.
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Tests include the horizontal gaze nystagmus test
In South Carolina, if you are pulled over on suspicion of DUI, an officer may ask you to perform field sobriety tests. One of these tests is the horizontal gaze nystagmus (HGN) test, which is used to help determine whether a driver is under the influence of alcohol or drugs. This test measures the involuntary jerking of the eye as it gazes towards the side, which becomes more noticeable as a person's blood alcohol concentration rises.
During the HGN test, the officer will ask the subject to follow a stimulus, usually the officer's finger or a pen, as it is moved from side to side within the subject's field of vision. The subject is instructed to keep their head still and follow the stimulus with their eyes only. The officer will look for six distinct "clues" (three per eye) to determine whether the subject is impaired. These clues include the onset of nystagmus before the eye reaches 45 degrees, distinct and sustained jerking when the eye gazes as far to the side as possible, and the inability to smoothly follow the stimulus.
It is important to note that the HGN test is not foolproof and has its disadvantages. There are many non-alcohol-related causes for nystagmus, and the test must be administered carefully and consistently with proper protocols to be effective. If rushed, officers can misinterpret the results, and the test's subjective nature makes it open to dispute in court proceedings.
In South Carolina, DUI defense lawyers often challenge the administration of field sobriety tests, including the HGN test. They argue that these tests are not always conducted in accordance with NHTSA standards, and some courts have excluded the test results from evidence. However, in many cases, the jury is still allowed to view the evidence, and the defense lawyer can argue about the officer's deviations from the standard procedures.
Overall, the HGN test is a valuable tool for law enforcement officers in South Carolina to assess a person's sobriety during traffic stops. While it is not perfect, when combined with other field sobriety tests, it can provide clues about a person's impairment and help officers make informed decisions about a possible DUI charge.
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Officers are trained to administer tests
In South Carolina, police officers are trained to administer three standardised field sobriety tests (FST) to assess a person's sobriety out on the road. These tests are sanctioned by the National Highway Traffic Safety Administration (NHTSA) and include the horizontal gaze nystagmus (HGN) test, the one-leg stand test, and the walk-and-turn test. While officers receive extensive training in administering these tests, they often deviate from NHTSA standards in practice.
The HGN test involves an officer passing an object, such as their finger or a pen, in front of the subject's face and instructing them to follow it with their eyes without moving their head. The officer looks for involuntary jerking of the eye, known as nystagmus, which becomes more noticeable when a person is impaired by drugs or alcohol. During this test, the officer searches for six distinct "clues" (three per eye) to determine impairment.
The one-leg stand test evaluates a person's balance and coordination. The subject is instructed to stand on one leg and count to 30. The officer observes whether the subject uses their arms for balance, hops on the standing foot, or puts the raised foot down one or more times during the count. The presence of two or more of these "clues" indicates a good chance that the person's blood alcohol concentration is above the legal limit.
The walk-and-turn test, also known as the "walk the line" test, assesses a person's balance and ability to follow instructions. The subject is asked to take 12 heel-to-toe steps, turn around, and walk back while counting their steps. The officer notes any deviations from the instructions, such as problems with balance or coordination.
While field sobriety tests are not pass/fail, they provide clues to help officers determine whether a person is too impaired to drive safely. These tests are used to establish probable cause for a DUI arrest, and the results may lead to further testing, such as a breathalyzer test, to confirm intoxication. It is important to note that drivers in South Carolina have the right to refuse a field sobriety test without the same penalties as refusing a breathalyzer test, although they could still be arrested on suspicion of DUI.
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Tests are used to establish probable cause
Field sobriety tests are used by law enforcement officers in South Carolina to determine if there is probable cause to charge someone with driving under the influence (DUI). These tests are used to assess a person's sobriety on the road and can occur anytime an officer suspects someone is driving under the influence. While these tests are not mandatory and drivers have the right to refuse, refusal does not carry the same consequences as refusing a breath test, and individuals may still be arrested on suspicion of DUI.
The National Highway Traffic Safety Administration (NHTSA) has sanctioned three field sobriety tests: the horizontal gaze nystagmus (HGN) test, the one-leg stand test, and the walk-and-turn test. These tests are designed to help law enforcement gauge a driver's relative sobriety or intoxication by evaluating their coordination, reflexes, balance, and overall cognitive functioning. During the HGN test, an officer moves an object or their finger from side to side within the subject's field of vision and looks for involuntary jerking of the eye, which becomes more noticeable when a person is impaired by drugs or alcohol. The one-leg stand test involves the subject attempting to maintain their balance on one leg for 30 seconds without putting the other foot down or hopping. The walk-and-turn test requires the subject to take 12 heel-to-toe steps, turn around, and walk back while counting their steps.
Officers are provided with extensive training to administer these tests; however, they often deviate from NHTSA standards in practice. South Carolina's appellate courts have not ruled on the admissibility of field sobriety tests when they are not administered according to these standards, and lower courts have handled this issue differently. Some have excluded the tests from evidence, while others have allowed the jury to view the evidence but permitted the DUI defence lawyer to argue about the officer's deviations from the standards.
It is important for individuals to understand their rights during traffic stops and field sobriety tests. Consulting with an attorney who is experienced in DUI cases can help individuals navigate their legal options and assert their rights effectively.
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Refusing a test is not the same as refusing a breathalyzer test
In South Carolina, if you are pulled over on suspicion of DUI, the officer may ask you to perform field sobriety tests. These are methods that law enforcement officers use to assess a person's sobriety out on the road. While you're not legally required to perform field sobriety tests, the refusal can be used against you in court. However, refusing to perform the tests does not carry the same consequences as refusing to submit to a breath test.
The National Highway Traffic Safety Administration (NHTSA) has sanctioned three field sobriety tests to be used to determine if a person is driving under the influence: the horizontal gaze nystagmus (HGN), the one-leg stand, and the walk-and-turn tests. Each of these is designed to help law enforcement gauge the relative sobriety or intoxication of a driver. These are not pass/fail tests, but rather clues that assist the officer in determining whether or not you are too impaired to safely operate a motor vehicle.
During the HGN test, an officer asks the subject to follow a stimulus (usually the officer's finger or a pen) as they move it from side to side within the subject's field of vision. The officer will instruct the subject not to move their head while following the stimulus with their eyes. The officer looks for six distinct "clues" (three per eye) to determine whether or not the subject is impaired.
The one-leg stand test involves the officer observing whether the subject uses their arms for balance, whether they hop on one foot to maintain balance, and whether they can maintain the one-leg stand position without putting the other foot down during a 30-second count. If two or more "clues" are present, or the subject fails to complete the test, the NHTSA states that there is a good chance the person's blood alcohol concentration is above 0.10.
The walk-and-turn test, also known as the "walk the line" test, involves the subject taking 12 heel-to-toe steps, turning around, and walking back while counting their steps. The officer will note any problems with completing this test as instructed.
Refusing a field sobriety test is not the same as refusing a breathalyzer test. In South Carolina, drivers have the right to refuse a breath test when pulled over on suspicion of DUI. However, breath test refusal does come with consequences. You could still be charged with DUI based on other evidence, and your driver's license will be automatically suspended for at least six months. On the other hand, refusing a field sobriety test is not a violation of implied consent laws and will not automatically result in a license suspension. While the refusal can be used against you in court, it does not carry the same weight as refusing a chemical test.
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Frequently asked questions
A field sobriety test is a method used by law enforcement officers to determine a person's sobriety when they are out on the road.
In South Carolina, field sobriety tests are not mandatory and drivers are within their rights to refuse them. The National Highway Traffic Safety Administration (NHTSA) has sanctioned three field sobriety tests: the horizontal gaze nystagmus (HGN), the one-leg stand, and the walk-and-turn tests.
Officers look for "clues" of impairment, such as using arms for balance, hopping while trying to maintain balance, or putting a foot down during the one-leg stand.
Refusing a field sobriety test in South Carolina does not carry the same consequences as refusing a breath test. However, you could still be arrested on suspicion of DUI based on other factors or evidence.
Yes, law enforcement officers may also administer chemical breath tests, such as a breathalyzer, to measure a person's blood alcohol concentration (BAC).
