Learn about the process and implications of field sobriety tests (FSTs) in Virginia DUI arrests, including their use, reliability of results, and the legal rights of drivers.
Knowing your rights when being pulled over is important. If you were recently convicted of a DUI in Virginia, contact the experienced attorneys at Welch & Wright for a free case evaluation at (757) 707-8803.
Purpose of Field Sobriety Tests
Police officers may request that a driver undergo FSTs if they suspect that the driver is under the influence of alcohol in an amount exceeding legal limits. Field Sobriety Tests are designed to assess motor skills, balance, and the ability to follow instructions in a field environment, such as on the side of the road. These three skills can all be impaired by the use of alcohol or drugs.
Types of Field Sobriety Tests in Virginia
The three types of FSTs are explained below. Note that a Virginia police officer may decide to administer one, two, or all three tests at their discretion.
Horizontal Gaze Nystagmus (HGN) Test
Assesses involuntary eye movements when following a moving object, which can indicate impairment. This may be conducted while the officer is shining a light at or near the driver’s face.
Walk-and-Turn Test
Evaluates balance, coordination, and the ability of the driver to follow instructions by having the driver walk heel-to-toe in a straight line and then turn and walk back while the officer observes.
One-Leg Stand Test
This tests an individual’s balance and coordination by asking the driver to stand on one leg while counting out loud. The counting numbers are at the discretion of the officer, and the ability to count may also be assessed.
Accuracy of Field Sobriety Tests
The results of FSTs are commonly submitted as evidence in DUI cases, but they are by no means definitive. Their reliability is affected by factors like the officer’s observation skills, their ability to clearly give instructions, the situation in which the tests are done, and even non-impairment-related issues like fatigue, distress levels, and underlying medical conditions.
Right to Refuse Field Sobriety Tests
Drivers in Virginia are legally permitted to refuse to take FSTs. However, the officer can still make a DUI based on other observations. Also, refusing a chemical test (like a breath or blood test) after an arrest can lead to a mandatory license suspension under Virginia’s implied consent law.
Importance of Legal Representation
A Virginia DUI conviction has the potential to lead to serious consequences, including license suspension, fines, jail time, and a permanent criminal record. Drivers faced with a DUI in Virginia need an experienced DUI defense lawyer to challenge the FST results and other evidence, fighting for a favorable outcome.
If you or a loved one have been arrested for a DUI in Virginia Beach, Norfolk, or the surrounding Hampton Roads area, contact Welch & Wright, PLLC, for a free case evaluation and legal advice.
Written By Nick T. Wright
Attorney Nick T. Wright is one of the founders of Welch & Wright, PLLC. Nick T. Wright focuses his practice on criminal defense cases, particularly ones involving DUI defense, traffic violations, petty theft, and nonviolent sex offense cases. Nick Wright has handled thousands of cases in Hampton Roads, the Greater Richmond, VA area, and northern Virginia. He received his law degree from the University of Richmond School of Law. Nick T. Wright is associated with the Virginia Association of Criminal Defense Lawyers (VACDL) and the National College of DUI Defense (NCDD), among other affiliations.
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