Field sobriety tests (FSTs) are a common part of pulling a driver over in Virginia if there is suspicion of intoxication. As a driver, you should know your rights in these accidents, including the potential unreliability of FSTs. If you are charged with a DUI after a failed test, contact our criminal defense attorney at (757) 707-8803 for the legal guidance you need or fill out our online contact form.
Overview of Field Sobriety Tests in Virginia
The following are some of the most common FSTs used in Virginia and what you can expect:
- One Leg Stand (OLS) Test: Involves balancing on one leg while counting aloud.
- Horizontal Gaze Nystagmus (HGN) Test: You must follow a pen or light with your eyes without moving your head.
- Walk and Turn (WAT) Test: Involves walking heel-to-toe in a straight line, turning, and walking back while counting steps.
Unreliability of FSTs
Many times, these tests are simply inaccurate, and that could lead to charges you do not deserve. Some common errors include:
- One Leg Stand Errors: Factors like nervousness, poor coordination, bad weather, and uneven ground can cause failure.
- HGN Test Errors: Wind, rain, and the speed at which the officer moves the light can affect results. Involuntary eye movements can be caused by medication or nervousness.
- Walk and Turn Errors: Distractions such as passing cars, health issues, and improper instructions can lead to failure.
Right to Refuse FSTs
Drivers in Virginia are not legally required to take field sobriety tests and can refuse them. Refusing politely is advised, as failing these tests can be used against you even if you are not intoxicated.
Impact of Refusing or Failing FSTs
Even if you refuse or fail an FST, other factors like driving behavior, slurred speech, or the scent of alcohol can still lead to a DUI arrest. However, an experienced attorney can challenge the validity of these tests and the way they were conducted.
Hire a Criminal Defense Attorney Immediately
If you have failed a field sobriety test or have been charged with DUI, it is critical to protect your rights. Contact our experienced DUI defense attorney if you’ve been arrested after taking or refusing an FST. Our attorney can help protect your rights and challenge the evidence against you.
Contact Welch & Wright, PLLC, for a free case evaluation to discuss your legal options and fight DUI charges.
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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