Facing a DUI charge can be overwhelming, especially if the arrest involved field sobriety tests. These tests are commonly used by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. However, they are not always accurate or reliable. In this blog, we will discuss how to challenge field sobriety tests in a DUI case, and what steps you can take to protect your rights and potentially avoid a conviction.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
Understanding Field Sobriety Tests
Field sobriety tests are exercises that officers ask drivers to perform when they suspect impairment due to alcohol or drugs. The goal of these tests is to observe the driver’s coordination, balance, and ability to follow instructions. There are three commonly used field sobriety tests: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.
The horizontal gaze nystagmus test involves the officer asking the driver to follow a moving object, like a pen, with their eyes. The officer then looks for signs of involuntary jerking in the eyes, which is thought to indicate alcohol impairment.
The walk-and-turn test requires the driver to take a series of steps along a straight line, then turn around and walk back. The officer looks for signs of balance problems or difficulty following instructions.
The one-leg stand test involves the driver standing on one leg while counting aloud. Again, the officer is watching for signs of poor balance or difficulty following the instructions.
While these tests are used frequently in DUI investigations, they are not perfect indicators of impairment. In fact, there are many factors that can affect a person’s performance on these tests, and these factors can be used to challenge the results of the tests in court.
Challenges to Field Sobriety Tests
There are several ways to challenge the results of field sobriety tests in a DUI case. It is important to understand that these tests are not foolproof and can be influenced by a variety of factors that have nothing to do with alcohol or drugs. Below are some common challenges to consider:
Improper Administration of the Test
Field sobriety tests must be administered correctly in order to be valid. Officers are required to follow specific procedures when giving these tests. If an officer fails to follow the proper protocol, the results of the test may be called into question. For example, if the officer does not provide clear instructions or does not ensure the driver has a stable surface to perform the tests, the results may be inaccurate.
Medical Conditions or Physical Disabilities
Certain medical conditions or physical disabilities can make it difficult for a person to perform field sobriety tests. Conditions such as vertigo, arthritis, and neurological disorders can cause balance problems, dizziness, or difficulty with coordination. If you have a medical condition or physical disability, it may be possible to argue that your performance on the field sobriety tests was influenced by factors unrelated to alcohol or drugs.
Weather or Environmental Factors
Field sobriety tests are often conducted on the side of the road, in challenging weather or environmental conditions. Factors such as rain, snow, strong winds, or poor lighting can make it difficult for anyone to perform these tests accurately. Additionally, uneven or slippery surfaces can increase the risk of falling or losing balance, which may result in a failed test that does not reflect impairment.
Fatigue or Stress
Fatigue and stress can also impact a person’s ability to perform well on field sobriety tests. The stress of being pulled over by the police and the anxiety of facing a DUI charge can affect concentration and coordination. Similarly, if the driver has been driving for long periods without rest, fatigue can impair their physical abilities, making the tests harder to complete successfully.
Miscalculation of the Results
Officers are trained to observe specific signs during field sobriety tests. However, they are human and can make mistakes. For example, an officer may misinterpret a driver’s movements or incorrectly score the test. These mistakes can lead to a false positive result, where a person is incorrectly identified as impaired when they are not. In these cases, it may be possible to challenge the accuracy of the officer’s observations in court.
Challenging the Validity of the Tests
The validity of field sobriety tests has been questioned by many in the legal and medical communities. Some experts argue that these tests are not reliable indicators of impairment, especially when used alone. The National Highway Traffic Safety Administration (NHTSA) has endorsed the use of these tests, but they are not infallible.
The accuracy of field sobriety tests can vary depending on factors such as the individual’s age, weight, and level of experience with the test. Additionally, the tests are not designed to measure alcohol or drug levels directly, meaning they are based on subjective observations by the officer. This means that even if the officer believes you failed the test, it does not necessarily mean you were impaired.
Legal Arguments to Challenge the Test Results
In addition to challenging the administration of the test and the factors that may have influenced the results, there are several legal arguments that can be made to challenge the validity of the field sobriety tests.
One common argument is that the officer did not have probable cause to initiate the traffic stop. If the officer did not have a valid reason to stop the vehicle in the first place, any evidence obtained during the stop, including the results of the field sobriety tests, may be inadmissible in court.
Another argument is that the officer did not have a reasonable suspicion of impairment before asking the driver to perform the tests. In some cases, an officer may ask a driver to take field sobriety tests based on factors such as the driver’s appearance or behavior, rather than any specific signs of impairment. If there was no reasonable suspicion, the results of the tests may be challenged.
What to Do if You Failed Field Sobriety Tests
If you have been arrested for DUI and failed field sobriety tests, it is important to understand that failure to pass these tests does not automatically mean you are guilty of DUI. Field sobriety tests are just one part of the evidence that the prosecution will use in your case. It is important to challenge the results of these tests and look for other ways to weaken the case against you.
One of the most important steps you can take is to hire a skilled attorney who is experienced in DUI defense. A lawyer can investigate the circumstances surrounding your arrest, review the results of the field sobriety tests, and help build a strong defense on your behalf. In many cases, it may be possible to have the charges reduced or even dismissed based on issues with the field sobriety tests.
Challenging field sobriety tests in a DUI case is an important strategy for defending yourself against DUI charges. Whether it is due to improper administration, medical conditions, or environmental factors, there are many ways to challenge the validity of these tests. If you have been arrested for DUI and are facing charges based on field sobriety tests, it is crucial to speak with an experienced attorney who can guide you through the process and help protect your rights. At Friedman & Ranzenhofer, PC., we have extensive experience defending clients in DUI cases and can provide the assistance you need to fight these charges.