DUI Attorney Honolulu explains Field Sobriety Tests
The field sobriety tests used in Hawaii could entail anything from standing on one leg while answering several questions to touching your nose with your eyes closed and or walking a straight line heel to toe. The police officer that pulled you over will also use a roadside breath test as an initial determination of your blood alcohol content.
Some of the typical field sobriety tests used in Hawaii:
Nystagmus: the officer will position an object, usually his pen 12 inches away from your face and move the object from side to side while watching your eyes. The officer is looking for involuntary jerking or trembling of your eyeball. This jerking may be a sign you have consumed too much.
Walk and turn: you be instructed to take nine heel to toe steps along a line, turn, and take nine heel to toe steps back. The officer is looking to see if you can keep your balance, follow instructions, stop, turn, leave space between heel and toe, or if you step off the line or lose your balance.
Standing on one leg: you will be instructed to stand with your heels together, arms at your side, and then raise one leg 6 inches off the ground while counting out loud until the police officer instructs you to stop. The police officer is looking to see if you raise your arms to balance, sway, hop, putting your foot down, your inability to stand still, body tremors and muscle tension and any comments you may make while taking the test.
Finger to nose: this test requires you to place your feet together while standing straight with your eyes closed and to bring the tip of your index finger to the point of your nose when asked to do so by the police officer. The police officer is looking for body sway, trembling, eyelid tremors, muscle tension and any comments that you may make that lead him to believe you may be intoxicated.
A preliminary breath test is usually requested by the police officer prior to your arrest. The results of the preliminary breath test are not admissible in court and are only used to help the police officer make a decision as to whether or not he has enough probable cause to arrest you for DUI. Our expert DUI Attorney Honolulu advises to politely refuse any field sobriety tests.
There are no specific penalties for refusing to take a preliminary breath test, however once you are at the police station there are very specific penalties for refusing to take DUI chemical tests.