If you are suspected of driving under the influence of alcohol, an attending officer may ask you to partake in some field sobriety tests. Field sobriety tests are different than a breathalyzer test, as the officer will be looking for physical reasons that suggest you are under the influence instead of a chemical reason. They are far from the most reliable method for determining if someone is under the influence of alcohol, and if you have been told that you failed a field sobriety test, you may want to work with your lawyer to discuss challenging those results in court. In today’s blog, we share some ways that your lawyer can work to discredit the findings of the field test results.
Discrediting Field Sobriety Test Results
There are a number of different ways that your lawyer may work to discredit the results of your field sobriety tests, but here’s a few of the more common issues your lawyer may have with the tests.
1. Inadequate Instructions – If police failed to give you proper instructions or confirm that you completely understood the instructions, you may have failed the test for reasons other than your level of intoxication.
2. Improper Administration – Each test must be conducted in a specific manner in order to be valid. If upon review of the dashcam or body cam, the officer failed to properly administer the test, your lawyer may argue to have the results thrown out.
3. Poor Conditions – If the officer had you perform the walk and turn test on uneven or slippery ground, and these poor conditions contributed to your inability to perform the test, you may be able to challenge the validity of the results.
4. Physical/Health Issues – Some people would have a tough time balancing on one leg or doing the walk and turn test even when they are stone sober because of underlying health or physical issues. If this is the case for you, be sure to talk with your lawyer about your health issues.
5. Stress/Nervous – It can be stressful to be questioned by police or to perform field sobriety tests under their watchful eye, even if you’ve done nothing wrong. If nerves or stress made it very difficult for you to pass the field sobriety tests, let your lawyer know.
6. No Standardized Scoring – Say what you want about breath tests, but at least we have the standard of 0.08 to work with. During field sobriety tests, there is no definitive scoring system, which can make it difficult for an officer to truly measure your level of intoxication. We can take issue with how any observed results were “scored” by the officer.
Field sobriety tests can be helpful to an officer, but they can also be misleading, especially if there was an issue with how the test was administered. If you believe that an issue with your field sobriety tests led to an arrest or charges, you need to fight back in the court of law. This process is much easier with a lawyer by your side who can put together an airtight defense. To connect with a lawyer who will have your back throughout the process, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
