Can a Lawyer Challenge Field Sobriety Tests?
Did you know that in the first nine months of 2024, the National Highway Traffic Safety Administration (NHTSA) estimates that approximately 29,135 people have lost their lives in car accidents?
Facing DUI charges, you may wonder whether a lawyer can successfully oppose the field sobriety tests.
These tests are important for DUI cases. You may face challenges from incorrect test administration or external environmental circumstances. Knowing what to do after a car accident can be beneficial in your defense.
There are several methods used by attorneys to weaken the case of the prosecution. Understanding these strategies can help influence your future.
Understanding Field Sobriety Tests
Highway patrol can demand field sobriety tests (FSTs) if they suspect that a driver is intoxicated while operating a vehicle.
FSTs involve standing in line, standing on one leg, or tracking a moving light or marker, as the officer seeks to detect signs of intoxication in the suspected person.
FSTs should be simple, but they can become challenging, particularly when people are excited or in unfamiliar environments.
Bear in mind that your state of over-fatigue or any sickness could affect your performance during the tests. Knowing this information allows you to handle FSTs if ever it happens to you.
According to field sobriety test attorney J. Scott Smith, field sobriety tests were created by the NHTSA to be given consistently to help show whether someone is impaired and to provide a reason for making an arrest.
Common Issues With Field Sobriety Tests
FSTs can be inaccurate since several factors can affect their results. A driver’s health, age, or even the climate can influence balance, coordination, and performance during the tests.
Poorly maintained surfaces have the potential to disrupt your balance, which could affect test results. Differences in coordination among individuals create the possibility that one officer might interpret a person’s natural limitations as an indication of impairment.
Understanding these elements and how they affect the outcome of FSTs can help you contest the tests.
Legal Standards for Challenging Field Sobriety Tests
To successfully challenge the field sobriety tests, it helps to understand the legal standards surrounding their administration and interpretation.
The National Highway Traffic Safety Administration expects officers to conduct the field sobriety tests precisely as required. The validity and credibility of the test can be questioned if an officer deviates from standard procedure.
Challenges may happen regarding the officer’s observations, the environmental conditions, or your physical or medical limitations. The prosecution must prove that the tests were done right and that you were impaired.
Strategies Employed by DUI Defense Attorneys
Understanding the legal standards for challenging a field sobriety test will help a DUI lawyer build a strong case for the accused.
One such example includes checking the conditions under which the tests were administered. If an attorney can convince the court that external factors negatively influenced the test results, it will weaken the prosecution’s case.
Attorneys will investigate if the officer who conducted the case is properly trained to administer it or if you have existing health issues that affected the test.
They can also dispute the validity of the tests. Each strategy will try to bring reasonable doubt to help you get the best possible resolution in your case.
The Impact of Successful Challenges on DUI Cases
In DUI cases, a strategy that questions the accuracy of field sobriety testing can lead to major changes.
A defense lawyer who can successfully demonstrate improper administration or unreliability of the tests would weaken the prosecution’s case. This kind of evidence usually leads to a reduction in charges or outright dismissal.
Once your challenge has been sustained, it is also a powerful tool in plea negotiations, during which you can bargain for a better deal.
Accepting a plea deal affects you immediately. Keep in mind that it will also negatively impact your record and insurance rates.
Successfully challenging these tests can win the fight against your DUI.