NJL-Logo

info@nosaljeterlaw.com

  803-351-3597
  • trafficlaws-home
  • Attorney Profiles
  • Ticket Information
  • Counties & Cities
  • Blog
  • Contact Us
  • Pay Now
Text Us Your Ticket
You are here: South Carolina Traffic Ticket / DUI / What Happens During a Field Sobriety Test in South Carolina?

What Happens During a Field Sobriety Test in South Carolina?

What Happens During a Field Sobriety Test in South Carolina?

In 2009, South Carolina passed an amendment making it mandatory that any DUI-related field sobriety testing would have to be recorded. According to a WCNC report from November of last year, these videos have revealed mistakes made during the testing. When a law enforcement officer does not follow testing guidelines, it is possible to get a charge dismissed. Here are the procedures for what field sobriety tests should look like:

 The Three Tests

The National Highway Traffic Safety Administration conducted research and came up with three tests that should be used during standard field sobriety testing:

  • The walk-and-turn
  • The one-leg stand
  • The horizontal gaze nystagmus

Based on these tests, the NHTSA says, an officer should be able to come to a reasonable conclusion as to whether or not a driver is inebriated.

The Walk-and-Turn

Allegedly, most unimpaired people should be able to complete the walk-and-turn, during which the driver must take nine steps along a straight line, walking heel-to-toe. At the end of nine steps, the driver must turn on one foot and walk the same way back to the starting position. Behaviors such as stopping to regain balance, starting before the officer stops giving instructions and using arms to keep balance are all considered signs of impairment.

The One-Leg Stand

During this test, the driver will be asked to raise one leg about 6 inches off the ground and count out loud using the “one-one thousand, two-one thousand” method. The officer will time the driver for 30 seconds, watching for hopping, putting the foot down, using arms to balance and swaying. The NHTSA notes that the majority people who exhibit at least two of these behaviors are intoxicated.

 The Horizontal Gaze Nystagmus

When someone gazes to the side, there is often an involuntary jerking of the eye that takes place. When a person is inebriated, that jerking is often exaggerated or occurs more easily. An officer will test for this by holding a small object, such as a flashlight or pen, in front of the subject’s face and moving it horizontally. If the driver cannot follow the object or has a pronounced jerking, officers are told that it is likely the person has an illegal blood alcohol concentration.

 These are the procedures and how they should take place. If an officer fails to provide proper instructions or exaggerates the outcome of the testing, a video camera will capture it. Our attorneys at Nosal & Jeter, LLP have seen how these tests can be riddled with errors and bias. If you have been charged with DUI, it is a good idea to review the methods used during the field sobriety testing.

Source: https://www.nhtsa.gov/people/injury/alcohol/SFST/appendix_a.htm

Recent Posts

  • Common License Suspension Reasons
  • Auto-Brewery Syndrome: Getting a DUI Without Being Drunk
  • What Happens If You Drive Without a License in South Carolina?
  • Drugged Driving: Another Path to DUI
  • Drowsy Driving Is Not Worth Losing Your Freedom
  • Filing a False Car Accident Report Is a Criminal Offense
  • The Impact of Distractions on Highway Safety
  • How Safe Is the X-LITE Guardrail System?
  • New DUI-E Bill to Discourage Motorists From Using Distractions
  • The Consequences of a Hit-and-Run

Categories

  • DUI (25)
  • Legal Tips (114)
  • South Carolina (31)
  • Traffic Law News (15)

Pay Now Online Debit/Credit Card

paynow-cards
Pay Now

SOUTH CAROLINA OFFICE

Nosal & Jeter, LLP
852 Gold Hill Rd Ste 201
Fort Mill, SC 29708

Phone: (803) 351-3597
Email: info@nosaljeterlaw.com
Fax: (803) 403-9515

Invalid Request

Pay Now
paynow-cards

Copyright © 2018 · Nosal & Jeter, LLP · All Rights Reserved · Powered by Asset ICT Ltd· Sitemap

Disclaimer. This site contains general information on SC traffic tickets and is not legal advice.

Free Consultation | (803) 351-3597
  • trafficlaws-home
  • Attorney Profiles
  • Ticket Information
  • Counties & Cities
  • Blog
  • Contact Us
  • Pay Now