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Divided attention field sobriety tests require that the driver listen to directions while performing simple physical movements. According to proponents of these tests, intoxicated drivers have difficulty dividing their attention between what they are being told to do and actually doing it. However, these tests, like other field sobriety tests, have their limitations.

One divided attention test is the “walk and turn” test. In this test, the driver typically has to walk in a straight line for a specified number of steps (one foot in front of the other, as on a balance beam), turn, and walk back to the officer. Another common divided attention test is the one-leg stand test, where a suspected drunk driver must balance while standing on one leg.

You can read more about the walk and turn field sobriety test and its limitations in our DUI law library article “All about the Walk and Turn Field Sobriety Test”.

Horizontal Gaze Nystagmus (HGN) test

The horizontal gaze nystagmus (HGN) test is a very common field sobriety test in Virginia. In this test, the police officer will ask you a series of questions, all intended to determine whether or not you are under the influence of alcohol.

The term HGN refers to an involuntary jerking or bouncing of the eye when it is moved from side to side. HGN often happens when a person is intoxicated because alcohol impairs the brain’s ability to control eye movement. At best studies show that the test is 77 percent effective if determining if a person’s BAC is over 0.10.

Please read more about this test in our DUI law library article “DUI and the Horizontal Gaze Nystagmus Test”.

Non-standard field sobriety tests

There are a variety of other tests that officers can administer to suspected drunk drivers. These include:

The finger to nose test, which entails asking the driver to bring his or her finger from straight out to the side across to his or her nose;
The hand-pat test, which entails asking the driver to hold one hand out palm up, and place the palm of their other hand on top, then alternate between patting the lower hand with the back of the second hand, then the palm of the second hand;
Asking the driver to count the number of fingers that the officer holds up;
Asking the driver to recite all or part of the alphabet;
Asking the driver to count backwards.

Concerned that you were not treated fairly in a suspected drunk driving case? Don’t let an overzealous law enforcement officer take advantage of you. Protect your rights – and your future – by calling the experienced Norfolk based DUI attorneys at Weisberg & Zaleski. Our lawyers will discuss your case with you confidentially for no cost or obligation.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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