How to Challenge Field Sobriety Tests in a DUI Case

How to Challenge Field Sobriety Tests in a DUI Case.

If you’ve recently been charged with a DUI, you might be feeling overwhelmed, especially if field sobriety tests played a role in your arrest. It’s important to know, however, that these tests are not always as reliable as they may seem. In this guide, we’ll discuss how to challenge field sobriety tests in a DUI case, giving you the knowledge to better understand your situation and options.

What Are Field Sobriety Tests?

Field sobriety tests are a series of physical and mental exercises that police officers use during a DUI stop to determine whether a driver is impaired by drugs or alcohol. The most common field sobriety tests include:

  • The Horizontal Gaze Nystagmus (HGN): This test checks for involuntary eye movements that can occur when someone is under the influence.
  • The Walk and Turn (WAT): In this test, you’re asked to walk in a straight line, heel-to-toe, turn on one foot, and walk back.
  • The One-Leg Stand (OLS): This test requires you to stand on one leg for a period of time while the officer observes your balance.

These tests assess your coordination, balance, and ability to follow instructions. However, many factors can influence the results which is why challenging a field sobriety test can be a critical aspect of your defense.

Why Challenge Field Sobriety Tests?

Field sobriety tests can be subjective, meaning that they depend on the officer's interpretation.
This subjectivity can lead to errors, especially if the officer doesn’t administer the tests correctly (or if other factors affect your performance). There are several reasons to challenge field sobriety tests, including:

  1. Physical Condition: Medical conditions, injuries, or physical disabilities can hinder your ability to perform these tests, even if you aren’t impaired.
  2. Environmental Factors: Uneven pavement, poor lighting, and bad weather can all influence how you perform on field sobriety tests.
  3. Nervousness: Being stopped by the police can be a nerve-wracking experience, and nervousness alone can cause you to stumble or lose your balance.
  4. Improper Instructions: If the officer didn’t clearly explain the test or didn’t follow proper procedures, the results could be invalid.
  5. Officer Bias: Sometimes, an officer may already believe you are impaired and may interpret your performance on the test based on their assumptions.

How to Challenge a Field Sobriety Test

Now that we’ve covered why it’s important to challenge field sobriety tests, let’s explore how you can do it. Here are some strategies that your attorney may use to challenge a field sobriety test in your DUI case:

  1. Question the Officer’s Training and Experience: One way to challenge a field sobriety test is to question whether the officer had the proper training and experience to administer the test correctly. If the officer was not adequately trained, the test results might not be reliable.

  2. Examine the Test Conditions: Your attorney can investigate the conditions under which the test was conducted. Were you asked to perform the test on a slippery or uneven surface? Was there poor lighting or distracting noises? These factors can be used to argue that the test was unfair.

  3. Consider Medical and Physical Conditions: If you have a medical condition or physical limitation that could have affected your performance, your attorney can present this information as evidence. For example, conditions like inner ear problems, leg injuries, or certain medications can impact balance and coordination.

  4. Challenge the Officer’s Observations: Field sobriety tests are highly subjective, and the officer’s observations can be challenged. Your attorney may cross-examine the officer to highlight inconsistencies or exaggerations in their testimony.

  5. Use Expert Witnesses: In some cases, your attorney may call on an expert witness (such as a medical professional or a former police officer), to testify about the potential flaws in the field sobriety tests. Expert testimony can be very persuasive in showing that the tests were not a reliable measure of impairment.

  6. Review Video Evidence: Many police vehicles are equipped with dashcams, and officers may wear body cameras. Reviewing this footage can provide valuable evidence, showing how the tests were conducted and whether you were unfairly judged.

The Importance of a Strong Defense

Challenging a field sobriety test is just one part of building a strong defense in a DUI case.
The consequences of a DUI conviction can be devastating, including fines, license suspension, and even jail time. That’s why it’s critical to have an experienced DUI defense attorney who understands how to challenge these tests and other evidence used against you.

Contact Titus Hillis Reynolds Love for Skilled DUI Representation

If you’ve been charged with a DUI and believe the results of your field sobriety test were inaccurate or unfair, it’s essential to act quickly. The experienced DUI attorneys at Titus Hillis Reynolds Love in Oklahoma can help you challenge field sobriety tests and build a robust defense. Contact us today
or call 918-587-6800 for a consultation and let us fight to protect your rights, reputation, and future.

Categories: Criminal Defense