Challenging Field Sobriety Tests

You are driving down the road when suddenly, you see the flashing lights of a police car behind you. It is natural to feel anxious and nervous in this situation, and you may think that complying with the officer’s requests is the best way to do it. You may even agree to submit to field sobriety tests.

Truthfully, completing roadside field sobriety tests is a mistake. These tests are highly subjective and the officer will likely only use the results against you. Still, even if you have taken these tests, there are ways to contest the results. Below, our Monroe DWI & DUI lawyer outlines three ways you can get these results thrown out of your case.

The Officer Did Not Consider Your Medical Condition 

There are many medical conditions that can impact the results of a field sobriety test. Inner ear infections, vertigo, brain injuries, and other neurological disorders can make passing tests such as the walk-and-turn and the one-leg stand test impossible. These tests typically require coordination and proper balance, which are often negatively affected by certain medical conditions that cause involuntary motions of the body. A lawyer can place a focus on your medical condition, and how it may hinder you during field sobriety tests.

The Test was Flawed 

Unlike blood or urine tests, field sobriety tests are highly subjective. They are not considered scientific, and police officers can make mistakes when administering them. An officer may fail to properly explain how to take the test, or they may make an observation and mistakenly attribute it to impairment. In these cases, the officer may assume that you were drunk driving and arrest you, even though you were innocent of the offense.

You were Under Extreme Stress 

Again, being pulled over by the police for any reason is an extremely stressful experience. Learning that you are being pulled over for a criminal offense is even more stressful, and that can have a negative impact on any field sobriety test you submit to. Feeling such a high level of stress can make it difficult to fully understand the instructions of the police officer, and failing to follow those directions can result in the officer thinking you are impaired.

Nervousness can also result in shakiness, an increased heart rate, rapid breathing, and trouble concentrating. All of these symptoms can make it more difficult for people to pass field sobriety tests, and an officer will only use them against the individual to arrest them.

Our DWI & DUI Lawyer in Monroe Can Challenge Your Test Results 

If you have been told that you failed your field sobriety tests, the situation may seem hopeless. Fortunately, it is not. At Whiddon Criminal Defense, our Monroe DWI & DUI lawyer can challenge the results of your tests and get them thrown out so they cannot be used against you. Call us now at 318-387-2776 or connect with us online to schedule a free consultation with our skilled attorney and to learn more about how we can help with your case.

Sources:

legis.la.gov/Legis/Law.aspx?d=78751

nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf