Field Sobriety Test
Field sobriety tests are an important part of the case that the State of South Carolina is building against you. Some of the tests include, but are not limited to, asking you to stand on one foot for ten seconds, requesting that you walk a line heel to toe and pivoting on a certain foot on a certain step count and returning along the same line, picking up a nickel off the ground, or following an officer’s ink pen with your eyes (horizontal gaze nystagmus test).
The horizontal gaze nystagmus test in many states requires a foundation to be laid in court prior to the officer testifying as to its results. However, in South Carolina, while you do have to qualify the officer as an expert witness, there is no requirement as to the number of hours or training or as to the number of times the officer has previously conducted the test. In South Carolina, the horizontal gaze nystagmus test in the context of a trial under the driving while impaired and driving while under the influence, is admissible and the training or lack thereof only affects the weight of the officer’s testimony and not the admissibility.
Field sobriety tests are essentially a part of a routine traffic stop and are not considered to rise to the level of custody. Therefore, there is no requirement that the officer Mirandize the suspect prior to conducting any field sobriety tests.
The experienced attorneys at Everett Law Firm, P. A. can assist you in handling your criminal charges and determine whether you are eligible for an expunction. For a free case evaluation, call Everett Law Firm, P. A. located in Myrtle Beach, South Carolina and serving clients in Pawley's Island, Garden City, Georgetown and most surrounding counties. Our toll free phone number is (800) 942-8048.
