When a driver is charged with a DUI, the evidence against them often includes field sobriety test (FST) results. These tests are designed to evaluate a driver’s ability to drive safely, but they aren’t always reliable. Nevertheless, law enforcement officials use these tests to determine whether a driver might endanger other road users.
Drivers may wonder if they can challenge field sobriety tests as part of their defense against DUI charges. With the right legal strategy, drivers can question the accuracy, administration and validity of these tests.
Improper administration
Drivers charged with a DUI can argue against FSTs if the law enforcement officer did not follow strict guidelines when administering the tests. For instance, a driver can challenge FSTs if their poor performance is due to the enforcement officer’s unclear instructions. Additionally, FSTs may inaccurately reflect a driver’s level of impairment if a law enforcement officer improperly demonstrates the task.
Medical and physical conditions
Drivers should know that their performance during field sobriety tests can be compromised by:
- Certain medical conditions
- Injuries
- Natural limitations (like poor balance)
For example, someone with inner ear problems or mobility issues may fail the tests despite being sober. Drivers can highlight any such conditions when challenging field sobriety tests.
Environmental factors
The environment where the FST is conducted plays a critical role in a driver’s performance. A driver who is sober may exhibit poor performance due to:
- An uneven pavement
- Poor lighting
- Inclement weather
- Distracting traffic
When environmental factors negatively impact performance, affected drivers can challenge the results of FSTs. With a proper legal argument, courts may find such conditions sufficient grounds to question the validity of the test results.
Subjective interpretation
Drivers who are victims of an officer’s bias or lack of experience can challenge field sobriety test results. With suitable legal support, affected drivers can scrutinize and challenge the following:
- How the law enforcement officer interpreted the driver’s performance
- What the law enforcement officer observed
- The subjective conclusions the law enforcement officer made
After all, field sobriety test results heavily depend on law enforcement officials’ subjective judgment.
While field sobriety tests may seem like an unshakable cornerstone of DUI cases, they are far from perfect. With the help of a legal practitioner, drivers fighting DUI charges can challenge these tests to help ensure a fair outcome in their case.