A drunk driving arrest after field sobriety tests triggers many questions. One of the first is whether you can challenge those results. The good news is that field sobriety tests are far from foolproof, and there are numerous legitimate reasons to question their accuracy in court. Three things anyone who finds themselves in this situation should know include the following.
What is a field sobriety test?
A field sobriety test is a series of physical and cognitive exercises that law enforcement officers use to determine whether a driver is impaired. These tests typically include the Horizontal Gaze Nystagmus (eye movement test), the Walk-and-Turn and the One-Leg Stand. Officers observe your performance and use their judgment to decide whether you appear intoxicated.
Are field sobriety tests results reliable?
Field sobriety tests rely heavily on subjective interpretation. Unlike a breathalyzer or blood test that produces numerical results, field sobriety tests depend on an officer’s observations and opinions. Many factors can affect your performance that have nothing to do with alcohol consumption, including:
- Medical conditions such as inner ear problems, leg injuries or neurological disorders
- Environmental conditions including uneven pavement, poor lighting or inclement weather
- Footwear and clothing that restrict movement or balance
- Nervousness or anxiety about the traffic stop itself
As such, the results may be inaccurate.
When can I challenge field sobriety test results?
There are many instances when it makes sense to challenge these results. If, for example, the officer failed to provide proper instructions before administering the tests or was not properly trained in conducting these tests it makes sense to push back on the results. It can also make sense to challenge the results if you have a documented medical condition that affects balance or coordination or the testing environment was unsuitable due to traffic, weather or road conditions.
Moving forward with your defense
Field sobriety tests can give officers probable cause for arrest, but they are not definitive proof of intoxication. The subjective nature of these tests, combined with the many variables that can affect performance, means there is often substantial room to challenge the results.
Those arrested based on field sobriety test results, may be able to challenge the charges. An experienced DUI attorney can evaluate the specific circumstances of your case and provide guidance. Do not assume that failing a field sobriety test means you have no defense options available.