Field sobriety tests are conducted by law enforcement to determine if an individual has driven under the influence of alcohol, drugs, or other substances. These tests, however, are subjective and not always conducted under proper instruction of an officer. Additionally, a field sobriety test may produce a positive for a cause that is unrelated to the consumption of substances such as, for instance, improper instructions or observations by a police officer or unideal testing conditions. This test is not required of an individual, and an individual who completed a sobriety test and was arrested for a DUI can refute the reliability of the evidence in court.
Difference between DUI and DWI
DUI is an acronym that refers to “driving under the influence” and DWI refers to “driving while intoxicated or impaired.” Some states that make a distinction between the two designate a lesser charge to DUI. However, in states with zero tolerance drunk driving policies like Virginia, both offenses are treated similarly. In Virginia, drivers are prohibited from operating any motor vehicle under the influence of alcohol or substances, including those acquired with a prescription, that alter their ability to operate the vehicle safely. A driver will receive a DUI charge if their BAC (blood alcohol content) is found to be over the legal limit of 0.08, or if their BAC is under 0.08 but their ability to drive was impacted by alcohol or substances.
Penalties for DUI and DWI in Virginia
In Virginia, first and second-offense DUI/DWI cases are Class 1 misdemeanors that carry a fine between $250 and $2,500, suspension of license between 12 and 36 months, and up to one year in jail. A driver may additionally be placed on probation and required to attend alcohol education classes. A driver with a BAC (blood alcohol content) of 0.15% and higher or multiple DWI offenses will face more severe penalties. For instance, an individual who acquires a third DWI charge within 10 years will be charged with a felony that includes a minimum of 90 days in jail and a maximum of years in prison. A driver with this charge may also have their driving privileges permanently revoked.
What are the types of standardized field sobriety tests in Virginia?
There are three primary types of field sobriety tests implemented by police and sheriffs in Virginia.
For the one-leg-stand test, an individual raises one leg six inches above the ground while keeping their foot pointed out and counting until told to stop. A police officer is aiming to identify swaying, hopping, placing the foot down, and using their arms to balance.
For the walk-and-turn test, an individual must walk along a straight line for nine steps while placing the heel of one foot directly in front of the toes of the other foot. Afterward, the individual must turn and return on their path while walking heel-to-toe and counting their steps aloud. An officer is looking to identify if the individual cannot balance, cannot maintain the heel-to-toe position, starts or stops their walk too soon, deviates from their linear path, or walks for an incorrect number of steps.
For the horizontal gaze nystagmus test or eye test, an individual must follow a pen, light, or finger with their eyes as the object is moved across their face. Nystagmus is a visual condition where the eyes produce uncontrolled and repetitive movements. An officer is looking for involuntary jerking motions in an individual’s eyeball as they follow the object and uneven movement of the eye.
What is a breathalyzer?
A breathalyzer is a handheld device that law enforcement officers use to assess blood alcohol content or BAC, which is a measure of how much alcohol is in an individual’s bloodstream. If a police officer has probable cause that an individual has consumed alcohol and is driving under the influence, they will conduct a breathalyzer test on the individual during a traffic stop. While individuals are not required to consent to the test, some states will charge an individual who refuses to take a breathalyzer with a misdemeanor, fine, jail time, or suspension of their driver’s license. In Virginia, refusing to submit to a breath test may result in a fine of $500 and license suspension for one year.
What is a preliminary breath test? How does it differ from a breathalyzer?
A preliminary breath test (PBT) is a portable device that law enforcement officers employ during traffic stops, often alongside a field sobriety test, to establish probable cause of impaired driving. Unlike a breathalyzer, the PBT is less accurate and is not admissible as evidence in court. A PBT may be administered immediately upon a traffic stop, and an individual may complete an alcohol breath test through a breathalyzer machine later at a police station for booking.
Implied Consent in Virginia
According to 18.2-268.2 in the Code of Virginia, anyone who operates a motor vehicle on the highway, whether or not they have a valid driver’s license, has automatically “consented to have samples of this blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood” upon arrest within three hours of an alleged offense.
