These tests can, of course, provide strong evidence and assist the prosecution with convicting a person accused of DUI when done properly. In the next article, the administrative procedures and issues that can arise with HGN will be covered. About the author: Joshua Ott was a police officer for more than 10 years in Roswell, Georgia.
He has extensive experience dealing with impaired drivers. He now operates Caselock, Inc, which provides expert testimony and case reviews for cases involving alcohol and drug impairment. As was previously discussed, Horizontal Gaze Nystagmus HGN is the involuntary jerking of the eyes as they look to the side. Amanda Davis, a well-known Atlanta area news anchor, was arrested recently for driving on a suspended or revoked license. The Cobb Standardized Clues All officers must look for the same clues on each test.
Standardized Criteria All officers must use the same criteria to determine if a clue is present. Categories DUI Defense. Raise the object until the suspect's eyes are elevated as far as possible. Hold for approximately four seconds.
Watch closely for evidence of jerking. Procedures for Walk-and-Turn Testing Instructions Stage: Initial Positioning and Verbal Instructions For standardization in the performance of this test, have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations: "Place your left root on the line" real or imaginary.
Do not start to walk until told to do so. Demonstrations and Instructions for the Walking Stage Explain the test requirements, using the following verbal instructions, accompanied by demonstrations: "When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back.
Original research demonstrated that the behaviors listed below are likely to be observed in someone with a BAC above 0. Look for the following clues each time this test is given: Cannot keep balance while listening to the instructions. Two tasks are required at the beginning of this test.
The suspect must balance heel-to-toe on the line, and at the same time, listen carefully to the instructions. Typically, the person who is impaired can do only one of these things; The suspect may listen to the instructions, but not keep balance.
Record this clue ifthe suspect does not maintain the heel-to-toe position throughout the instructions. Feet must actually break apart. Do not record this clue if the suspect sways or uses the arms to balance but maintains the heel-to-toe position. Starts before the instructions are finished. The impaired person may also keep balance, but not listen to the instructions.
Since you specifically instructed the suspect not to start walking "until I tell you to begin," record this clue if the suspect does not wait. Stops while walking. The suspect pauses for several seconds. Do not record this clue if the suspect is merely walking slowly. Does not touch heel-to-toe. The suspect leaves a space of more than one-half inch between the heel and toe on any step. Steps off the line.
The suspect steps so that one foot is entirely off the line. Uses arms to balance. The suspect raises one or both arms more than 6 inches from the sides in order to maintain balance. Improper turn. The suspect removes the front foot from the line while turning. Also record this clue if the suspect has nat followed directions as demonstrated, i.
Incorrect number of steps. Record this clue if the suspect takes more or fewer than nine steps in either direction. Note: If suspect can't do the test, record observed clues and document the reason for not completing the test, e.
If the suspect has difficulty with the test for example, steps off the line , continue from that paint, not from the beginning. This test may lose its sensitivity if it is repeated several times. Observe the suspect from a safe distance and limit your movement which may distract the suspect during the test.
Always consider officer safety. Based on original research, if the suspect exhibits two or more clues on this test or fails to complete it, classify the suspect's BAC as above 0. Test Conditions Walk-and-Turn test requires a designated straight line, and should be conducted on a reasonably dry, hard, level, nonslippery surface.
There should be sufficient room for suspects to complete nine heel-to-toe steps. Note: Recent field validation studies have indicated that varying environmental conditions have not affected a suspect's ability to perform this test. The original research indicated that individuals over 65 years of age, back, leg or middle ear problems had difficulty performing this test.
Individuals wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Demonstrations and Instructions for the Balance and Counting Stage Explain the test requirements, using the following verbal instructions, accompanied by demonstrations: "When I tell you to start, raise one leg, either leg, with the foot approximately six inches off the ground, keeping your raised foot parallel to the ground.
Test should be discontinued after 30 seconds. Observe the suspect from a-safe distance. If the suspect puts the foot down, give instructions to pick the foot up again and continue counting from the point at which the foot touched the ground. If the suspect counts very slowly, terminate the test after 30 seconds.
Test Interpretation You may observe a number of different behaviors when a suspect performs this test. Look for the following clues each time the One-Leg Stand test is administered.
The suspect sways while balancing. This refers to side-to-side or back-and-forth motion while the suspect maintains the one-leg stand position. Uses arms for balance. Suspect moves arms 6 or more inches from the side of the body in order to keep balance. Suspect is able to keep one foot off the ground, but resorts to hopping in order to maintain balance.
Puts foot down. The suspect is not able to maintain the one-leg stand position, putting the foot down one or more times during the 3D-second count. Remember that time is critical in this test.
The original research has shown a person with a BAC above 0. Based on original research, if an individual shows two or more clues or fails to complete the One-Leg Stand, there is a good chance the BAC is above 0. Observe the suspect from a safe distance and remain as motionless as possible during the test so as not to interfere. Suspect's safety should be considered at all times.
The original research indicated that certain individuals over 65 years of age, back, leg or mIddle ear problems, or people who are overweight by 50 or more pounds had difficulty performing this test.
Taking Field Notes on Suspects' Performance of Field Sobriety Tests For purposes of the arrest report and courtroom testimony, it is not enough to record the total number of clues on the three tests.
The number of clues is important to the police officer in the field because it helps determine whether there is probable cause to arrest. But to secure a conviction, more descriptive evidence is needed.
The officer must be able to describe how the suspect performed on the tests, and exactly what the suspect did. The standard note taking guide provided in this Manual is designed to help you develop a clear description of the suspect's performance on the tests.
The section for Medical Assessment appears at the bottom of the guide's front page. Check "Yes" or "No" box for equal pupil size. Check "Yes" or "No" box for equal tracking. In the section labeled "other", record any facts, circumstances, conditions, or observations that may be relevant to this procedures Le.
The section on the Horizontal Gaze Nystagmus test appears on the bottom of the guide's front side. Complete the entire test for both eyes, writing "yes" or "no" for each nystagmus clue. Write "yes" if the clue is present; Write "no" if the clue is not present. In the section labeled "other," record any facts, circumstances, conditions or observations that may be relevant to this test.
Examples of additional evidence of impairment emerging during nystagmus test: suspect unable to keep head still; suspect swaying noticeably; suspect utters incriminating statements. Examples of conditions that may interfere with suspect's performance of the Horizontal Gaze Nystagmus test: wind, dust, etc.
The first two clues, "cannot keep balance" and "starts too soon" apply only during the instructions stage of the test. Record the number of times each of those clues appear. For example, lithe suspect's feet "break apart" from the heel-to-toe stance twice during the instructions stage, write "2" in the box alongside the "cannot keep balance" clue.
Similarly, lithe suspect never "starts too soon," write "0" in that box. Note: Actual steps taken is for scoring purposes only. Wrong number of steps is the validated clue. Don't leave boxes blank. Ifa particular clue never shows up, write "0" in the corresponding box. Record the next five clues separately for the walk down the line, and then up the line. If a suspect stops walking , record it by drawing a vertical line across the toe of the step at which the stop occurred. Do this for the first as well as the second nine steps.
Place the letter "S" at bottom of the vertical line to indicate stops walking. If suspect fails to touch heel-to-toe , record how many times this happens. Draw a vertical line across the toe of the step at which the miss occurred.
Place the letter "M" at the top of the vertical line to indicate missed heel to toe. If suspect steps off the line while walking, record it by drawing a line from the appropriate foot print at an angle in the direction in which the foot stepped. Do it for each nine steps. If suspect uses arms to balance , give some indication of how often or how long this happens. Example: suspect raised arms from sides three times; place a check for each occurrence in appropriate box.
Example: suspect held arms away from sides during 3 through 7; place a check for each occurrence in appropriate box. Example: suspect "flapped" arms continuously; make a note. Record the actual number of steps taken by suspect in each direction.
For the next point, "improper turn," record a description of the turn. If you note that the suspect "cannot perform test," indicate explicitly why you did so. Example: "offline three times;" Example: "staggered six steps to right, nearly fell;" Example: "fear of injury. Remember, each clue may appear several times, but still only constitutes one clue. Examples of additional evidence of impairment during Walk-and-Turn test: suspect verbally miscounts steps; suspect utters incriminating statements.
By recording when things happen as well as what happens, you will be able to prepare a more descriptive arrest report. You will place check marks in or near the small boxes to indicate how many times you observed each of the clues. You will do this separately for the test on the left leg L or on the right leg R.
In addition, if the suspect puts the foot down during the test, you will record when it happened write the count on new note guide. For example, when standing on the left leg the suspect lowered the right foot at a count of "one thousand and thirteen", and again at "one thousand and twenty". Your diagram should look like the sketch to the right.
At end of the test, examine each factor and determine how many distinct clues have appeared. Handling a DUI Stop. Other Alcohol-Related Crimes. DUI Penalties and Consequences. Drunk Driving Laws and Penalties by State. Drunk Driving FAQs. Justia Legal Resources. Find a Lawyer. Law Students. US Federal Law. US State Law. Other Databases.
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