3 Standardized Field Sobriety Tests in North Carolina Explained (2024)

The state’s driving while impaired  (DWI) laws are considerably strict, with the intention being to lessen the amount of DWI convictions in the state. If you are ever pulled over for a suspected DWI, you will likely be put through a series of tests to determine whether you are drunk and unable to operate a vehicle. Understanding the field sobriety tests in North Carolina can help you be better prepared in the event that you are pulled over.

Field Sobriety Tests Explained

Under state law, you are considered impaired behind the wheel if you are found to have a blood alcohol content (BAC) of at least 0.08%. A law enforcement officer can also request that you perform a series of tests to determine just how intoxicated you may be and whether you are too drunk to operate a vehicle. These are field sobriety tests. Refusal to submit to these tests can be used as evidence against you.

These tests are used to gauge your cognitive abilities, and while you have the right to refuse to participate in these tests, your refusal can be used by the state to argue that you were, in fact, drunk, which is why you refused the test. Law enforcement officers across the country use three field sobriety tests: The HGN test, the walk-and-turn test, and the one-leg stand test.

The HGN Test

The horizontal gaze nystagmus test, or HGN test, is arguably the most reliable of the three field sobriety tests. The officer has you stand with your feet together, your hands at your sides, and your head still. The officer then has you follow an object with your eyes only. This object may be a pen, a small light, or just the officer’s finger.

The test is based on the notion that peoples’ eyes move differently when sober and drunk. When sober, your eyes tend to move smoothly, but when drunk, your eyes tend to jerk as they focus from one object to the next. The officer is looking for a maximum of three clues in each eye. Four out of six can indicate impairment.

The only real problem with the HGN test is that it is too precise. It is often administered by officers who have not been properly trained to look for ocular clues, and those officers end up reading the results incorrectly.

Walk and Turn

The walk-and-turn test is designed to test your coordination. You are told to stand still and place your feet in a heel-to-toe position with your arms at your sides.. You are then told to take nine steps, heel to toe, in a straight line, counting aloud as you do so. After your ninth step, you turn around making a series of small steps and continue with nine more heel to toe steps down the line. While doing the test, the officers look for clues that signify impairment. Two out of eight signifies impairment:

• Fails to maintain instructional stance.
•  Stops walking during test.
• Improper Turn.
• Starts test before being told.
• Using your arms to keep balance.
• Too many or too few steps taken.
• Doesn’t touch heel to toe.
• Steps off  of line.

One-Leg Stand

The one-leg stand test is designed to test your balance. You are told to stand with your arms by your sides and feet together. Upon instruction, you raise one of your feet approximately six inches off the ground with both of your legs straight. You then count until told to stop. The four clues the officer is looking for are:

• Swaying.
• Using your arms to balance.
• Putting your foot down.
• Hopping.

FAQs

Are Field Sobriety Tests Required?

No, field sobriety tests are not required in North Carolina. However, if you refuse to participate in a field sobriety test, there can be serious consequences. Any refusal can be used against you if legal action is taken. If you refuse a breathalyzer test, you could risk a suspension of your license for a whole year. You may have a medical condition that could cause you to fail a field sobriety test. An experienced DWI lawyer can help you with your defense.

What Are the Three Standard Field Sobriety Tests?

The three standard field sobriety tests are the horizontal gaze nystagmus or HGN test, the walk-and-turn test, and the one-leg stand test. Each test is designed to test a certain quality in your body that may have been impaired by alcohol or substance consumption. The HGN test looks at reaction time. The walk-and-turn looks at coordination. The one-leg stand looks at balance. Failing any of them can lead an officer to believe you are impaired.

Can You Refuse a Breathalyzer?

Yes, you can refuse to take a breathalyzer test in North Carolina. However, there may be strict penalties if you do so. To start, your driver’s license will be suspended for a year. Refusal to take a breathalyzer can be viewed as evidence that you were driving drunk. Your lawyer may be able to help you build a defense that questions the accuracy of the test and the capability of the officer administering it.

What Is the Implied Consent Law?

North Carolina’s implied consent law requires any driver who is arrested on suspicion of DWI to submit to chemical testing  to determine their blood alcohol content at the time of arrest. You can refuse the test, but not without serious consequences. Implied consent means you automatically agree to certain stipulations just by participating in an action like driving.

Reach Out to a DWI Lawyer Today

A DWI conviction can have serious consequences for your life. It can hurt your reputation, be used against you in a custody hearing, or even cause you to lose your job. If you are ever pulled over for suspected drunk driving, you should reach out to a DWI lawyer as soon as you can. They can help you establish a defense and work on a strategy that could help you.

LAWSMITH, The Law Offices of J. Scott Smith, PLLC, is prepared to offer you legal assistance by helping you develop your case, working on possible strategies for your defense, and protecting your interests throughout this process. Contact us to schedule a consultation as soon as you can.