Understanding Field Sobriety Tests A police officer conducting a DUI investigation may ask drivers to perform several field sobriety tests during an investigation, including balance, coordination and mental agility exercises. If they believe alcohol has been consumed by you, officers will use these assessments alongside objective symptoms and chemical tests to ascertain legal intoxication; however a skilled DUI defense lawyer may find ways to disprove the scientific data behind field sobriety tests.
National Highway Traffic Safety Administration (NHTSA) has only approved three standardized field sobriety tests: horizontal gaze nystagmus test, walk and turn test and one-leg stand test. Other field sobriety tests such as finger to nose test, alphabet test counting test Romberg balance test (standing with feet together, head back and eyes closed for 30 seconds) may also be administered by officers.
These tests do not consist of pass or fail scenarios; rather, they consist of various drills which can be completed effectively by both sober and intoxicated people. For instance, during an eye test known as Horizontal Gaze Nystagmus Test an officer will place something near your eyes and ask you to follow it with your eyes in order to detect an involuntary jerking motion caused by alcohol or drugs being consumed.
Healthy people may show cues during this test even when sober, leading officers to use it as evidence against someone they suspect of DUI and stop and arrest them. Although this test alone cannot prove guilt in all cases, officers often use it as part of their arsenal against such crimes.
FSTs present another challenge because they’re often administered under difficult or stressful conditions, making the test itself challenging for people with physical ailments or emotional instability, plus officers will likely judge your performance under pressure using subjective judgement – which could potentially result in false positive results. This is when a Johns Creek DUI lawyer came come in to fight your battle in the complex maze of the court systems.
Officers are specially trained to persuade people to submit to these tests by promising that they will be quick and are an excellent way to prove your innocence – this tactic can easily be countered with the assistance of an experienced DUI defense attorney.
If asked to perform one of these tests, politely decline unless you are over 21 and haven’t consumed alcohol within 10 hours. If there are legitimate medical or other reasons that would prevent you from passing, inform the officer so they can include this in their report.
An experienced Johns Creek DUI defense lawyer can challenge the scientific evidence used by officers during field sobriety tests, and expose any errors made when administering or assessing results – this can make a tremendous difference in your case. If you or a loved one is facing DUI charges, reach out to our office right away for guidance on this matter.
