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Home » Virginia DWI/DUI Manual » Chapter 5: Field Sobriety Tests & Defenses

Chapter 5: Field Sobriety Tests & Defenses

Vehicle in Motion (Phase 1 of DWI Detection)

Why did the officer suspect I was driving under the influence before he even talked to me?

  • proper lane position
  • speed and braking problems
  • vigilance problems

“The officer told the magistrate that I was ‘driving on the wrong side of the road.’ There is no way that I was driving in the wrong lane.”

“I got pulled over for not having my headlights on. They’re automatic on my car but my wife must have switched the setting. Will this help my case?”

“I pulled over in a safe place as soon as I saw the lights. The officer told the magistrate I took too long.”

  • judgment problems
  • appearing to be impaired
  • the stopping sequence

The Nine Step Walk & Turn Test

  • How is the 9 Step Walk & Turn done?
  • The officer told me that I passed but later told the magistrate that I failed the test. How can he lie like that?
  • What if the officer did not follow the directions above?
  • How was my walking scored?
  • “I failed the Walk and Turn Test but I wasn’t drunk.”
  • I was walking fine, standing fine but I messed up on the tests. How can you defend this?

Horizontal Gaze Nystagmus

  • What does Horizontal Gaze Nystagmus mean?
  • How should the HGN test be given?
  • Can the HGN accurately diagnose alcohol intoxication?
  • Do all judges accept Horizontal Gaze Nystagmus?
  • What makes a scientific method reliable?
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13195 Warwick Boulevard, Suite 2A
Newport News, VA 23602
(757)969-5197
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Virginia Beach
One Columbus Center
Virginia Beach, VA 23462
(757)969-5197
Map · Directions
By Appointment Only

Attorneys

  • Michael C. Tillotson
  • Jeff C. Martin

Important Information

  • The DUI Exception to the Constitution
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Cities We Service

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Counties We Service

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