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Blog 
DUI, Traffic and Criminal Law Defense
- Changes to "Move Over" law effective July 1, 2010
- National "Click It or Ticket" campaign begins today
- Special license plates for convicted DUI offenders?
- The fallout from a DUI conviction
- Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?
Firm News
Former Virginia Beach deputy sentenced in DUI crash case
Posted on 6/27/2010
Shore Drive speed limit lowered to 35
Posted on 6/4/2010
Child Abuse Charges for Virginia Beach DUI Driver with Kids in Car
Posted on 5/31/2010
DUI Conviction for Former Virginia Beach Police Officer
Posted on 5/28/2010
Felony charges for "sexting" Franklin teens
Posted on 5/20/2010
Are alcoholic energy drinks to blame for Virginia Beach DUI death?
Posted on 4/30/2010
Virginia Beach city employee charged with DUI after hit-and-run crash
Posted on 4/30/2010
Bond revoked for man accused in Virginia Beach DUI hit-and-run
Posted on 4/26/2010
Richmond to Install Red-Light Cameras
Posted on 4/22/2010
St. Patty’s sobriety checkpoints lead to 9 Virginia Beach DUI arrests
Posted on 3/27/2010
Firm Library
DUI, Traffic and Criminal Law Defense
- Can the Virginia bar or restaurant where you were drinking be held responsible for your DUI?
- What to expect after a Virginia DUI arrest
- Virginia DUI Attorney: Why you need to FIGHT HARD against DUI charges
- The high stakes of a DUI conviction in Virginia
- Virginia's Move Over/Slow Down law regarding emergency vehicles
Field Sobriety Testing in Virginia
If you have ever been pulled over under suspicion of driving while intoxicated in Virginia, you may have been subjected to field sobriety testing.
Divided attention field sobriety tests
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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Michael S. Weisberg, 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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FAQs
DUI, Traffic and Criminal Law Defense
- Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
- If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
- Do you guarantee that my case will be successful?
- I have been asked to sign some forms by the police officers. What should I do?
- When should an attorney be present with me?