Attacking Field Sobriety Tests

Attacking Field Sobriety Tests

Field sobriety tests (FSTs) are a series of standardized tests used by law enforcement to assess a driver’s level of impairment. These tests are typically administered during a DUI stop and are used to determine whether a driver is under the influence of alcohol or drugs. While FSTs are often used as evidence in DUI cases, they are not always reliable and can be challenged in court.

Here are some ways to attack field sobriety tests:

  1. Challenge the Officer’s Qualifications

In order to administer FSTs, officers are required to complete a training course and be certified in the specific tests they administer. If an officer is not properly trained or certified, their administration of the tests can be challenged in court.

  1. Challenge the Administration of the Tests

Even if an officer is properly trained and certified, they must administer the tests in accordance with the standardized procedures. If an officer deviates from the procedures, the accuracy of the tests can be called into question. For example, if an officer administers the walk-and-turn test on an uneven or slippery surface, it may affect the driver’s ability to perform the test correctly.

  1. Challenge the Conditions of the Test

Certain factors can affect a driver’s ability to perform FSTs, such as poor lighting or adverse weather conditions. If an officer administers the tests in poor conditions, the accuracy of the tests can be challenged.

  1. Challenge the Driver’s Physical Limitations

Certain medical conditions or physical limitations can affect a driver’s ability to perform FSTs. For example, if a driver has a history of back problems, it may affect their ability to perform the one-leg stand test. If a driver’s physical limitations were not taken into consideration during the administration of the tests, it can be challenged in court.

  1. Challenge the Officer’s Interpretation of the Test Results

Even if a driver performs poorly on FSTs, it does not necessarily mean they are under the influence of drugs or alcohol. There are many factors that can affect a driver’s performance on FSTs, such as fatigue or anxiety. If an officer interprets the results of the tests incorrectly, it can be challenged in court.

  1. Challenge the Reliability of FSTs

Despite their standardization, FSTs are not always accurate in detecting impairment. For example, the horizontal gaze nystagmus test may produce false positives in individuals with certain medical conditions. The reliability of FSTs can be challenged in court by presenting scientific research or expert testimony.

In conclusion, while field sobriety tests are often used as evidence in DUI cases, they are not always reliable and can be challenged in court. By questioning the officer’s qualifications, the administration of the tests, the conditions of the test, the driver’s physical limitations, the officer’s interpretation of the results, and the reliability of FSTs, it may be possible to weaken the prosecution’s case against a defendant. It is important to consult with a qualified DUI defense attorney who can assess the specific circumstances of the case and develop a strategy for challenging FSTs.

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