Field Sobriety Tests (Roadside tests)

There are three Field Sobriety Tests (FST) approved by the National Highway Traffic & Safety Administration (NHTSA).

Attorney Hynes has completed the:

Standardized Field Sobriety Testing Certification Student Course (NHTSA Course) -

This is the class that police take in order to be able to administer field sobriety tests.

Attorney Hynes passed this course with a score of 100% and is certified to administer FSTs. You can rest assured Attorney Hynes knows how these tests are "supposed" to be administered, as well as, or better than, the police officer. Besides a breath/blood test, these tests are usually the main evidence against you in a DWI / DUI case. If you or your lawyer don't know how the tests have to be administered to be correct, you can not properly argue the police did them wrong. Attorney Hynes knows police make mistakes and it is his job to point out these mistakes to keep you Not Guilty and not have to lose your license for many months or years.

Attorney Hynes is also one of only a few lawyers in the State of New Hampshire who has completed the 40 hour field sobriety instructor course. This course is for officers who train others on how to administer field sobriety tests and detect those drivers who are under the influence of alcohol.

Horizontal Gaze Nystagmus - HGN

The first test is the horizontal gaze nystagmus (HGN). This test is the most accurate of the three, but is also the most subjective. In the test, the officer will have you follow a pen with your eyes. He will check for nystagmus, seeing if your eyes jerk/bounce. People who are intoxicated will have their eyes involuntarily jerk when following the object. However, this test, like the others, is only accurate if the police officer does it properly. Many times they will not. Attorney Hynes has experience cross examining officers to determine how the officer failed to give the test properly. Further, medical conditions can affect this test. Many people call me up and tell me they passed this test. It is impossible for you to know if you passed it. The officer is looking for an involuntary jerking of your eyes. It does not affect your vision, and without seeing your own eyes, you can not tell if it was there.

One Leg Stand

The second test is the One Leg Stand. For this test the officer has you stand on one leg for 30 seconds. He then sees if you do other things such as swaying. Medical conditions also affect this test. Especially if you are older, overweight, or have any back, knee, or leg problems.

Walk and Turn

The third test is the Walk and Turn. In this test you will be asked to take 9 steps in one direction, turn in a certain way, and then take 9 steps back. This is the most complicated test and has many things the officer looks for, which accordingly has many ways the officer will think you failed the test. Again this test needs to be administered correctly and in an appropriate environment. Attorney Hynes knows what to look for to see if the officer did everything by the book, and to question the officer to see if he actually observed what he thought he did. If you do not know the 8 things the officer is trained to look for, do you really expect to be able to prove to a judge that you passed this test?