5 Strong Defenses To Failed Field Sobriety Tests
If you have been accused of DUI, you need to know that your test results don’t automatically mean that you’re guilty. There are always defenses you can raise against DUI accusations. There are many ways you can attack the validity of the tests, and you should always consult with a skilled lawyer who is familiar with DUI laws. By doing so, you can present a strong defense.
1. Weather Conditions
In many cases, failed field sobriety tests can be challenged on the basis of the weather. For example, if the police officer conducted the test in heavy rain or during a storm, the results could be skewed because of the weather conditions. This is a defense that can be used by a defense lawyer to challenge a failed test.
Another defense to a failed field sobriety test is a lack of concentration. Insufficient concentration may cause an individual to lose balance, and bright headlights from oncoming vehicles may cause the eye to dart toward the road. Depending on the weather and lighting conditions, this can interfere with the accuracy of a breathalyzer test.
As the judge noted, field sobriety tests are not always conducted in ideal conditions. In the rain, the road may be wet and slippery, making it difficult to perform the tests. In addition, excessive wind can cause watery eyes and stir up debris. In such conditions, it is difficult to perform the tests properly and could cause an officer to mistakenly believe that the defendant is intoxicated.
When police officer administers field sobriety tests, they should give proper instructions. They should step-by-step explain how to perform the exercises. If the instructions are unclear, this may provide a defense to a DUI case. For instance, an uneven road can make the one-leg stand difficult, or a gravel road might make it hard to complete the walk-and-turn test.
2. Terrain
Performing poorly on field sobriety tests can result in a DUI arrest. However, performing well on these tests can make the difference between being arrested and being released. Some common reasons for failed FSTs include: injuries that interfere with proper performance, old age, or poor balance. Similarly, people wearing heavy boots or high heels may have difficulty performing the tests properly.
3. Medical Conditions
One of the most common defenses to a failed field sobriety test is to argue that you were not intoxicated at the time. While a police officer will look for smooth eye movement during the horizontal gaze nystagmus test, there are many other factors that can interfere with a person’s performance. For example, a person’s age or weight may affect his or her ability to stand on one foot for thirty seconds. An attorney can use such defenses to your advantage.
Performing the walk-and-turn test is difficult for people under the influence of alcohol. They can have difficulty dividing their attention between following instructions and performing physical movements. Other common issues that can interfere with the tests are traffic, lights, road conditions, and footwear.
Failed field sobriety tests can also be used against you in court. When police fail to properly explain the tests to a suspect, they may use the test against them to further strengthen their case. This is not an automatic defense and will need to be pursued with the help of an experienced DUI attorney.
During the course of a DUI investigation, the police officer will conduct several tests to determine the level of alcohol in a suspect. The results of these tests are deemed to be indicative of a person’s BAC, although they are not conclusive. If a person fails to pass these tests, the officer may have the basis for a breathalyzer or blood sample, which is vital to prove intoxication.
The law requires police officers to give adequate instructions when administering field sobriety tests. These instructions should be clear and step-by-step. If instructions are unclear or not given correctly, this can serve as a defense to a DUI case. For example, if the police officer doesn’t explain the walk-and-turn test properly, this could impact the results of the tests.
4. Physical Characteristics
A driver’s physical characteristics can have a significant impact on their ability to perform a field sobriety test. For example, overweight individuals or seniors with certain conditions can have trouble performing these tests. They may also experience anxiety related to the traffic stop. Moreover, some people have trouble balancing while walking.
In addition to physical characteristics, other factors can affect a person’s performance on field sobriety tests. For example, injuries can affect the ability to perform the one-leg stand, while conditions like Multiple Sclerosis can make balance difficult. People with balance problems can find the walk-and-turn test especially difficult.
While the results of a field sobriety test are not conclusive, a person’s refusal to take one or more of them may be used against them in court. It is important to note that if an officer fails to administer the tests properly, a video recording of the encounter may be helpful in demonstrating the officer’s incompetence.
There are several types of field sobriety tests. One type is the Horizontal Gaze Nystagmus (HGN) drill. Nystagmus is a condition that is often a sign of alcohol consumption. The officer will move a pen or finger in front of the driver while he watches the driver’s eyes to determine whether the driver’s gaze is fixed or moving.
Field sobriety tests are subjective, and the officer’s opinion may influence the results. In addition, a person may be unaware of the conditions in the field of sobriety tests. This can cause the officer’s interpretation to be biased and incorrect. In other words, a driver may be accused of a DUI when he or she didn’t actually have any alcohol in his or her system.
5. Flaws In The Testing
If you’ve been arrested on suspicion of drunk driving, you should know that you are entitled to a lawyer who will defend you against your case. In many cases, field sobriety tests are not completely accurate. This is because of several factors, including traffic, lights, road conditions, and your shoes. While the majority of people who fail these tests are completely sober, there are many reasons why they may not perform properly.
First of all, a standardized field sobriety test is difficult to beat. A defense attorney can argue that the test was not administered correctly and that the results were biased. This can prevent the prosecution from admitting the evidence in court. Secondly, a lawyer can show that the officer had a bias and misinterpreted the test results.
You can argue that the arresting officer failed to explain the test to you in a language that you can understand. For example, if English is your second language, the officer might not have made the instructions clear. If you are arrested and don’t understand the instructions, you can argue that you did not know what to do and were unable to perform the tests properly.
It’s important to know that you have the right to refuse to perform a field sobriety test. In most cases, the police will not punish you for refusing to perform the tests. However, they may still use other evidence to prove their suspicions. For example, a blood blood-alcohol content test or a breathalyzer may provide further evidence that could help them prove their suspicions. It’s always best to get legal advice before you agree to participate in any field sobriety test.
When you are arrested on suspicion of DUI, the police will likely subject you to several tests designed to determine whether or not you are impaired. These tests can range from balancing on one foot to walking in a straight line. They can also include tasks like following an object with your eyes. In most cases, these tests are a critical part of a DUI case. If you refuse to take a field sobriety test, you may be guilty of drunk driving and face arrest.
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