Overview of Field Sobriety Tests
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Overview of the one-leg-stand and walk-and-turn field sobriety tests.
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Deviations from Standardized Test Protocols OK, If Did not Impact Results - DUI News - 10/20/2016
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2nd District holds that field sobriety tests that deviate from NHTSA standards are admissible, if the deviations did not affect the results.
Read MoreOdor of Alcohol and Bloodshot Eyes Not Enough to Detain - DUI News - 10/17/2016
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The Fifth District holds that the smell of alcohol with bloodshot glassy eyes is insufficient to detain for sobriety tests, even though the defendant was stopped at 1:30am and had crossed double yellow lines.
Read MoreBreathalyzers With Pump Errors Must Be Taken Out of Service - DUI News - 7/28/2016
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The Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
Read MoreWhen Field Sobriety Tests Are Improper, Results Are Suppressed - DUI News - 6/8/2016
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Eighth District affirms suppression of field sobriety tests when officer was not trained on current NHTSA manual and failed to conduct the HGN, walk-and-turn, and one-leg-stand tests in substantial compliance.
Read MoreDoing Well On Field Sobriety Tests Does Not Stop Arrests - DUI News - 5/7/2016
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Passing two field sobriety tests is not enough to stop an OVI arrest, when other factors are sufficient to establish probable cause.
Read MoreTake it Easy on That Cologne Or You Might Be Tested For a DUI - DUI News - 4/20/2016
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The Fifth District holds that the strong odor of cologne put on when leaving a bar is a factor in determining reasonable suspicion and probable cause.
Read MoreDUI Appeals Report 12/17/15
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The 5th District holds that a police officer can detain a driver after an alleged hit and skip even when there is no obvious damage to the vehicles, and a person refuses a urine test when only attempting to provide a sample for 5 minutes without asking to try again; the 10th District rejects a constitutional challenge to the per se marijuana OVI statute; the 5th District concludes there is reasonable suspicion to conduct field sobriety tests when there are driving violations, eyes were bloodshot and glassy, there was an odor of alcohol coming the vehicle and the defendant outside of the vehicle, it was 11:35 p.m. on a Friday evening, and the defendant admitted to just leaving a bar; and the 11th District uses res judicata to reject constitutional challenges to the OVI specification when brought on a motion for post-conviction relief.
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