Understanding Field Sobriety Tests

Challenging Field Sobriety Test Evidence in DUI Cases

The standardized NHTSA test battery consists of three components: the one-leg stand, the walk-and-turn, and the horizontal-gaze nystagmus. Each of them is designed to detect drivers who are under the influence of alcohol to the degree that they are unsafe to drive a vehicle, but none of them are fool-proof. They do not provide scientific evidence but depend largely on the subjective opinion of the testing officer.

Even if you are able to perform the FST well, it does not exonerate you from a DUI charge. Field sobriety tests may only be used as evidence against you. Because of this, it is usually better to refuse to take the FST. The officer may still be able to arrest you, but you cannot suffer any legal consequence for refusing a field sobriety test (unlike chemical BAC tests). Refusing a field sobriety test prevents the officer from gathering more evidence against you.

Explore Your Legal Options with Our Criminal Defense Team

There are many ways to challenge this type of evidence, such as by placing the officer's dashboard video camera footage of the investigation and arrest under subpoena, gaining visual proof that factors such as bad weather, inappropriate footwear or even intimidating behavior on the part of the police officer made it difficult or even impossible for the suspect to perform well on the test.

A criminal defense attorney from the firm can also cross-examine the officer in court, potentially revealing deficiencies in the officer's understanding of the testing procedure which might have prejudiced the test against you.

Contact our Marietta DUI firm today for representation!