Acts and Regulations

83-42 - General

Full text
27.3(1)For the purposes of section 310.001 of the Act, the following tests are approved, as a group, as a standard field sobriety test:
(a) horizontal gaze nystagmus test, in which a peace officer makes a number of observations of each eye of the test subject while the subject’s eyes follow or look at a stimulus that the officer is moving or holding steady;
(b) walk-and-turn test, in which a peace officer requires the test subject to listen to instructions and then to take a specified number of heel-to-toe steps in a straight line, turn and take the same number of heal-to-toe steps back in a straight line, while counting the steps out loud and looking at his or her feet;
(c) one-leg stand test, in which a peace officer requires the test subject to listen to instructions and then to raise the foot of his or her choice and count out loud, while looking at the raised foot for a specified period timed by the peace officer.
27.3(2)A peace officer shall not require a person to go through a standard field sobriety test unless the peace officer is trained in administering the test and assessing a test subject’s performance of the test.
2008-91; 2018-91
27.3(1)For the purposes of section 310.001 of the Act, the following tests are approved, as a group, as a field sobriety test:
(a) horizontal gaze nystagmus test, in which a peace officer makes a number of observations of each eye of the test subject while the subject’s eyes follow or look at a hand-held object that the officer is moving or holding steady;
(b) walk-and-turn test, in which a peace officer requires the test subject to listen to instructions and then to take a specified number of heel-to-toe steps in a straight line, turn on one foot and take the same number of heal-to-toe steps back in a straight line, while counting the steps out loud and looking at his or her feet;
(c) one-leg stand test, in which a peace officer requires the test subject to listen to instructions and then to raise one of his or her feet and count out loud, while looking at the raised foot for a specified period timed by the peace officer.
27.3(2)A peace officer shall not require a person to go through a field sobriety test unless the peace officer is trained in administering the test and assessing a test subject’s performance of the test.
2008-91