27.31For the purposes of paragraph 310.001(3)(c) of the Act, the criteria to be met for a poor performance on a standard field sobriety test for drugs or a combination of alcohol and drugs are one or more of the following:
(a)
for the horizontal gaze nystagmus test under paragraph 27.3(1)(a), if four or more of the following are present:
(i)
lack of smooth pursuit with the left eye;
(ii)
lack of smooth pursuit with the right eye;
(iii)
distinct nystagmus at the maximum deviation of the left eye;
(iv)
distinct nystagmus at the maximum deviation of the right eye;
(v)
onset of nystagmus in the left eye before 45 degrees;
(vi)
onset of nystagmus in the right eye before 45 degrees;
(b)
for the walk-and-turn test under paragraph 27.3(1)(b), if two or more of the following are present:
(i)
cannot keep balance during instructions;
(ii)
begins to walk too soon;
(iii)
stops while walking;
(iv)
misses heel-to-toe steps;
(v)
steps off the straight line;
(vi)
uses arms to balance;
(vii)
turns improperly;
(viii)
takes the wrong number of heel-to-toe steps;
(c)
for the one-leg stand test under paragraph 27.3(1)(c), if two or more of the following are present: