Three tests have been validated by the federal government to determine is an individual is under the influence of alcohol – not any other drugs. These tests are only useful in predicting a blood alcohol concentration of .08 and above.

• 1. HORIZONTAL GAZE NYSTAGMUS TEST

• 2. WALK AND TURN TEST

• 3. ONE-LEGGED STAND TEST

It is my advice not to take any of these tests. Generally, the officer has made up his mind to arrest you for DUI. These tests are designed not to be passed. He now is just gathering additional information to put into his report to bolster the prosecutors case against you. Be polite, ask to speak to your lawyer, but refuse to take the tests.

(MAKE THE ABOVE 3 TESTS WHERE THEY CAN BE CLICKED ON AND TAKE THE VIEWER TO THE PROCEDURED PORTION)

1. HORIZONTAL GAZE NYSTAGMUS TEST

a. Procedures of Horizontal Gaze Nystagmus

The procedures for giving the standardized horizontal gaze nystagmus test are as follows:

“Begin by asking “are you wearing contact lenses”, make a note whether or not the suspect wears contact lenses before starting the test.

“If the suspect is wearing eyeglasses, have them removed.

“Give the suspect the following instructions from a position of interrogation (FOR OFFICER SAFETY KEEP YOUR WEAPON AWAY FROM THE SUSPECT):

• “I am going to check your eyes.”

• “Keep your head still and follow the stimulus with your eyes only.”

• “Keep focusing on this stimulus until I tell you to stop.”

“Position the stimulus approximately 12-15 inches from the suspect’s nose and slightly above eye level. Check the suspect’s eyes for the ability to track together. Move the stimulus smoothly together or one lags behind the other. If the eyes don’t track together it could indicate a possible medical disorder, injury, or blindness.

“Next, check to see that both pupils are equal in size. If they are not, this may indicate a head injury.

“Check the suspect’s left eye by moving the stimulus to your right. Move the stimulus smoothly, at a speed that requires about two seconds to bring the suspect’s eye as far to the side as it can go.

While moving the stimulus, look at the suspect’s eye and determine whether it is able to pursue smoothly. Now, move the stimulus all the way to the left, back across suspect’s face checking if the right eye pursues smoothly. Movement of the stimulus should take approximately two seconds out and two seconds back for each eye. Repeat the procedure.

“After you have checked both eyes for lack of smooth pursuit, check the eyes for distinct nystagmus at maximum deviation beginning with the suspect’s left eye. Simply move the object to the suspect’s left side until the eye has gone as far to the side as possible. Usually, no white will be showing in the corner of the eye at maximum deviation. Hold the eye at that position for about four seconds, and observe the eye for distinct nystagmus. Move the stimulus all the way across the suspect’s face to check the right eye holding that position for approximately four seconds. Repeat the procedure.

“After checking the eyes at maximum deviation, check for onset of nystagmus prior to 45 degrees. Start moving the stimulus to the right (suspect’s left eye) at a speed that would take about four seconds for the stimulus to reach the edge of the suspect’s shoulder. Watch the eye carefully for any sign of jerking. When you see it, stop and verify that the jerking continues. Now, move the stimulus to the left (suspect’s right eye) at a speed that would take about four seconds for the stimulus to reach the edge of the suspect’s shoulder. Watch the eye carefully for any sign of jerking. When you see it, stop and verify that the jerking continues. Repeat the procedure. NOTE: It is important to use the full four seconds when checking for the onset of nystagmus. If you move the stimulus too fast, you may go past the point of nystagmus or miss it altogether. If the suspect’s eyes start jerking before they reach 45 degrees, check to see that some of the white of the eye is still showing on the side closest to the ear. If no white of the eye is showing, you have either taken the eye too far to the side (that is more than 45 degrees) or the person has unusual eyes that will not deviate very far to the side.

“NOTE: Nystagmus may be due to causes other than alcohol. These other causes include seizure medications, PCP, inhalants, barbiturates, and other depressants. A large disparity between the performance of the right and left eye may indicate a medical condition.”

2. WALK-AND-TURN TESTS

a. Procedures for the Walk-and-Turn Test

There are two basic parts to the Walk-and-Turn test: the balance stage and the walking stage.

Prior to the beginning of the test, always ask the suspect if he has had any injuries or other conditions which might affect his ability to walk or balance, including head, back, neck and leg injuries.

The following are the Standard Procedures for the Walk-and-Turn test:

“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 foot on the line’ (real or imaginary). Demonstrate.

• ‘Place your right foot on the line ahead of the left foot, with the heel of the right foot against the toe of the left foot’. Demonstrate.

• ‘Place your arms down at your sides’. Demonstrate.

• ‘Keep this position until I tell you to begin. Do not start to walk until told to do so’

• ‘Do you understand the instructions so far?’ (Make sure suspect indicates understanding.)

“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.’ (Demonstrate 3 heel-to-toe steps.)

• ‘When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this’ (Demonstrate)

• ‘While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud.’

• ‘Once you start walking, don’t stop until you have completed the test.’

• ‘Do you understand the instructions?’ (Make sure suspect understands)

• ‘Begin, and count your first step from the heel-to-toe position as ‘One’.’

3. ONE-LEGGED STAND TEST

a. Procedures for the One-Legged Stand Test

“Initiate the test by giving the following verbal instructions, followed by demonstrations.

• ‘Please stand with your feet together and your arms down at your side, like this.’ (Demonstrate)

• ‘Do not start to perform the test until I tell you to do so.’

• ‘Do you understand the instructions so far?’ (Make sure suspects indicates understanding.)

“Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:

• ‘When I tell you to start, raise one leg, either leg, approximately six inches off the ground, foot pointed out.’ (Demonstrate one leg stance)

• ‘You must keep both legs straight, arms at your side.’

• ‘While holding that position, count out loud in the following manner: ‘one thousand and one, one thousand and two, one thousand and three, until told to stop.’ (Demonstrate a count, as follows: ‘one thousand and one, one thousand and two, one thousand and three, etc.’ Officer should not look at his foot when conducting the demonstration - OFFICER SAFETY.)

• ‘Keep your arms at your sides at all times and keep watching the raised foot.’

• ‘Do you understand?’ (Make sure suspect indicates understanding.)

• ‘Go ahead and perform the test.’ (Officer should always time the 30 seconds. 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.”