Challenging Field Sobriety Tests During a DUI Defense

Field sobriety tests are administered by law enforcement when someone is pulled over for a suspected DUI. The police claim that these tests are used to evaluate a driver’s physical and cognitive functions to determine if they are impaired. The horizontal gaze nystagmus (HGN), the walk and turn, and one-leg stand are some of the most common field sobriety tests administered.

Contrary to what a police officer might tell you at the scene, you are not legally obligated to take these tests. There are no consequences for refusing. Many people think these tests are scientifically accurate, but that is also just not true. If you were arrested for DUI after having taken field sobriety tests, our Fort Lauderdale DUI lawyer can challenge the results.

Medical Issues Interfering with Results 

Some medical conditions can interfere with your coordination and balance. An old knee injury or a recent ear infection can cause you to lose your balance even when you are trying very hard not to sway. Common conditions such as back pain and arthritis can also make test results unreliable. It is not uncommon for people to feel anxiety after being pulled over and even this can cause a loss of concentration and trembling, regardless of whether or not a person is impaired.

Police officers do not tend to specifically ask about medical conditions that can impact field sobriety test results.  And often when they do, they only ask about obvious physical ailments like an injured knee or ankle.   Even if you try to raise the issue, a police officer may minimize or ignore medical conditions.

Poor Weather or Road Conditions 

Poor road and weather conditions can make a test that is already challenging an impossible task. Some poor weather and road conditions that can make field sobriety tests even more difficult are as follows:

• Sloped shoulders
• Heavy rains
• High winds
• Broken pavement or loose gravel
• The glare of police car lights

Improperly Administered Tests

 There are very specific procedures law enforcement offices must follow when administering field sobriety tests. A Fort Lauderdale DUI lawyer can challenge improper instructions, training issues, failures to comply with standard procedures, and a failure to account for a driver’s physical limitations.

Likewise, there may also be issues with the documentation of field sobriety tests. A DUI lawyer can locate incomplete or missing records, poor-quality video evidence, and inconsistent reporting. All of these can challenge field sobriety test results and get them thrown out of court. Without this evidence, it can be more difficult for the prosecution to secure a conviction, which can get your case dismissed or help you beat the charges.

Our DUI Lawyer in Fort Lauderdale Can Challenge Field Sobriety Test Results 

If you were pulled over for a suspected DUI and submitted to field sobriety tests, they will be used against you in court. At Haber Blank, LLP, our Fort Lauderdale DUI lawyer can investigate your case, and the administration of the tests, to collect evidence that can get the results thrown out so you have a better chance of protecting your future. Call us now at 954-767-0300 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html