Determining a DWI

As mentioned, there are certain kinds of field tests that a police officer can do to determine if you are indeed a DWI violator.

1. Nystagmus:

The officer will hold an object 12 inches from the driver’s face, then move it side to side. The driver must follow the action with his eyes, while the officer looks out for involuntary trembling or jerking  of the eyeball.

2. Walk and Turn.

This is used to test whether the driver can keep his balance, follow instructions, and remain dexterous. The driver is instructed to take nine heel-to-toe steps along a line, then to turn, and then to take nine hell-to-toe steps back.

3. Standing in One Leg.

This is used to test balance and attention. The driver is made to stand with the heels together, arms on the side, and then while counting out loud, he has to raise one leg at least 6 inches from the ground.

4. Finger to Nose. The driver is required to place both feet together and stand straight, and with their eyes closed, bring the index finger to their nose, when ordered by the officer.

5. The Rhomberg Balance Test. The driver is made to stand in attention, with eyes closed, and their heads tilted back for 30 seconds. The officer is gauging their ability to stand erect steadily without muscle tension.

After taking these tests, the driver is asked to undergo a breathalyzer test to determine the BAC level.

Contrary to popular belief, speeding is not one of the indicators for DUI driving patterns, but it is enough reason to be stopped for speeding. The National Highway Traffic

Safety Administration has identified twenty driving patterns that are usual indicators for driving under the influence:

1. driving into opposing or crossing traffic

2. straddling center of lane marker

3. weaving

4. almost colliding with an object or vehicle

5. drifting

6. slow response to traffic signals

7. turning with a wide radius

8. driving with headlights off

9. turning abruptly or illegally

10. appearing to be drunk

11. following too closely

12. stopping inappropriately

13. speed more than 10 mph below the limit

14. driving on other than designated highway

15. stopping without cause in traffic lane

16. tires on center or lane marker

17. accelerating or decelerating rapidly.

18. turning with a wide radius

19. breaking erratically

20. swerving