Facing a DUI or DWI Stop in DC? Understanding the Standardized Field Sobriety Tests and Your Rights

September 4, 2024

A traffic stop can quickly turn stressful, particularly if you suspect you’re being investigated for driving under the influence (DUI) in Washington DC. Law enforcement officers in the District often utilize Standardized Field Sobriety Tests (SFSTs) to gather evidence and establish probable cause for a DUI arrest in Washington DC. Understanding these tests, their purpose, and your rights during this process is crucial.

Navigating the Complexities of DC DUI and DWI Laws

The District of Columbia has strict DUI laws designed to protect public safety and deter drunk driving. If you’re pulled over for a DUI, it’s vital to understand your rights, the procedures involved, and the potential consequences. This blog post will shed light on the SFSTs used by DC law enforcement to determine probable cause for a DUI arrest and how these tests relate to your legal rights.

Standardized Field Sobriety Tests: A Tool for Probable Cause

The National Highway Traffic Safety Administration (NHTSA) developed Standardized Field Sobriety Tests (SFSTs) as a standardized method for evaluating a driver’s impairment during a traffic stop. These tests are designed to assess a driver’s balance, coordination, and cognitive abilities, providing law enforcement with evidence to establish probable cause for a DUI or DWI arrest.

The 3 Primary Standardized Field Sobriety Tests

Here are the three primary SFSTs used by DC law enforcement:

1. Horizontal Gaze Nystagmus (HGN):

Purpose: This test examines involuntary jerking of the eyes as they track a moving object, a potential sign of alcohol impairment.
Procedure: The officer will ask the driver to follow a moving object (typically a penlight) with their eyes while keeping their head still. The officer carefully observes for any jerking or “nystagmus” in the eyes, particularly when the eyes reach their maximum deviation (looking as far to the side as possible).
Potential Indicators: The presence of nystagmus at maximum deviation, an inability to smoothly follow the object, and “lack of smooth pursuit” can indicate impairment.

2. Walk and Turn:

Purpose: This test assesses balance, coordination, and the ability to follow instructions.
Procedure: The officer will instruct the driver to take nine heel-to-toe steps in a straight line, then turn and take nine more steps back to the starting point.
Potential Indicators: The driver’s inability to maintain balance, stepping off the line, taking incorrect turns, taking too few or too many steps, or other signs of difficulty can indicate impairment.

3. One-Leg Stand:

Purpose: This test assesses balance, coordination, and the ability to follow instructions.
Procedure: The officer will instruct the driver to stand on one leg, raising the other foot six inches off the ground and holding it there for 30 seconds. The driver is usually instructed to count out loud during the test.
Potential Indicators: Swaying, putting the foot down, hopping, using arms for balance, and losing count can all indicate impairment.

Understanding Your Rights During a DUI Stop

During a DUI stop, you have specific rights:

Right to Remain Silent: You have the right to remain silent and refuse to answer any questions from the officer. If questioned – say “under the advice of counsel I will not be answering any questions.”
Right to an Attorney: You have the right to an attorney. It’s important to request an attorney as soon as possible.
Refusal of Tests: You have the right to refuse to submit to the SFSTs. However, refusing to submit to a chemical test can lead to year long suspension of your driver’s license.

Key Points to Remember:

SFSTs Are Not Definitive: It’s essential to understand that SFSTs are not foolproof and do not definitively prove intoxication. Factors like medical conditions, medications, or even the officer’s interpretation can influence the results.
Seek Legal Representation: If you are facing DUI charges in D.C., seeking legal representation from a skilled DC DUI lawyer is critical. They can help you understand your rights, challenge the prosecution’s case, and advocate for a favorable outcome.

How a DC DWI attorney Can Help

An experienced DC DWI lawyer can:

Challenge the Validity of the SFSTs: Your attorney can examine the officer’s administration of the tests, looking for inconsistencies, procedural errors, or environmental factors that may have influenced the results.
Present Evidence of Other Potential Causes: Your attorney can present evidence to support alternative explanations for any observed behaviors, such as medical conditions, medications, or fatigue.
Negotiate with Prosecutors: Your attorney can negotiate with prosecutors to potentially reduce charges, lessen penalties, or achieve a dismissal of charges.
Advocate for Your Rights: A skilled attorney will ensure your rights are protected throughout the entire legal process.

Contact Monument Legal Today

Our experienced DC DUI attorneys are dedicated to providing aggressive legal representation, protecting your rights, and fighting for the best possible outcome.

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