Law enforcement officers commonly use field sobriety tests (FSTs) to determine whether a driver is under the influence of alcohol or drugs. However, these tests are not foolproof, and several potential defenses can be raised if you have failed an FST.
Understanding these defenses can be crucial in challenging DUI charges.
Physical or medical conditions
One of the most common defenses against failed FSTs is that the individual has a physical or medical condition that affects their ability to perform the test. For example, conditions such as vertigo, arthritis or injuries to the legs or back can impair a person’s balance and coordination, leading to a poor performance on tests like the walk-and-turn or the one-leg stand. These conditions can cause the test results to be misleading, making it difficult for the officer to accurately assess sobriety.
Environmental factors
Environmental factors can also play a significant role in a person’s ability to pass a field sobriety test. Uneven or slippery surfaces, poor lighting and adverse weather conditions can all negatively impact test performance. If the test was conducted in a location that was not conducive to an accurate assessment, this could be used as a defense to argue that the results were unreliable.
Officer’s instructions and interpretation
How the officer administers and interprets the FSTs can also be questioned. If the officer did not provide clear instructions or if they misinterpreted the results, it could lead to an unfair assessment of sobriety. For example, an officer might incorrectly assume that minor swaying or a small misstep indicates intoxication when, in reality, it may not.
If you’ve failed a field sobriety test, it’s important to explore potential defenses that could challenge the validity of the results. Physical or medical conditions, environmental factors and errors in the officer’s administration or interpretation of the tests are all areas that can be examined to build a strong defense against DUI charges.