In Las Vegas, being accused of public intoxication can lead to unwanted legal trouble. Even though it might seem like a minor offense, a conviction can result in fines and a criminal record. Law enforcement often uses Field Sobriety Tests (FSTs) to determine if someone is intoxicated in a public place. If facing such charges, it is important to understand what these tests involve and their limitations.
Field Sobriety Tests are a set of physical and mental exercises that police officers use to evaluate someone’s level of impairment. Before any breathalyzer or blood test, these tests are usually administered on the roadside. The purpose of these tests is to give the officer probable cause to arrest for public intoxication. If you are facing these charges, speaking with our Las Vegas drunk-in-public lawyer is crucial to protect your rights.
Types of Field Sobriety Tests
There are a few standard FSTs that are commonly administered:
Horizontal Gaze Nystagmus (HGN) – This test involves the officer watching your eyes as you follow a moving object, looking for involuntary jerking.
Walk-and-Turn Test – Requires you to walk heel-to-toe along a straight line for nine steps, turn, and walk back nine steps.
One-Leg Stand Test – Involves standing on one leg and counting until the officer tells you to stop.
According to the National Highway Traffic Safety Administration (NHTSA), when performed correctly, the HGN test is 77% accurate, the Walk-and-Turn is 68% accurate, and the One-Leg Stand is 65% accurate in detecting blood alcohol content (BAC) of 0.10 or greater. However, accuracy can drop significantly with improper administration or poor testing conditions.
Problems with Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used but often unreliable for determining intoxication. Many factors can influence performance on these tests, even when no alcohol is involved. Fatigue, anxiety, medical conditions, natural balance issues, and uneven testing conditions may all affect results. At Okabe & Haushalter, our legal team understands these flaws. We thoroughly review arrest details and evaluate whether officers conducted FSTs properly.
Officer Interpretation and Subjectivity
The results of FSTs are often based on the officer’s opinion. What one officer considers a failure, another might see differently. This subjective element can lead to errors and unfair judgments. Okabe & Haushalter will thoroughly review the officer’s report for inconsistencies or failure to follow standard procedures. We are dedicated to protecting your rights throughout the legal process.
Your Rights and Field Sobriety Tests
While officers may ask you to perform FSTs, you are generally not legally required to do so in Nevada. However, refusing these tests can still lead to an arrest based on the officer’s other observations. If you are asked to take FSTs, it is important to remain calm and polite. Avoid saying anything that could be used against you. Contacting our Las Vegas drunk in public attorney as soon as possible after an arrest is very important.
How Our Firm Can Assist You
If you have been arrested for public intoxication in Las Vegas and were asked to perform Field Sobriety Tests, our firm can provide the legal help you need. We will carefully investigate the circumstances of your arrest, including how the FSTs were given and interpreted.
We will challenge any evidence that was improperly obtained or is not reliable. Our goal is to achieve the best possible outcome for your case. Don’t let a public intoxication charge ruin your life. Contact our legal team today. Call 415-448-7992 for a free consultation. We’re here to help.
