Standardized field sobriety tests help police officers determine if a driver might be under the influence of drugs or alcohol. Police officers who suspect people of chemical intoxication may ask them to exit the vehicle and perform three different tests to gauge their level of intoxication.
Field sobriety tests may give police officers reason to request a breath test or arrest a driver. They can also play an important role in the criminal case against a driver accused of intoxication at the wheel. Sometimes, the defense strategy people develop when responding to driving while impaired (DWI) charges focuses on questioning field sobriety test results.
When can people raise credible questions about field sobriety testing?
When they have certain medical issues
Numerous factors other than intoxication can affect an individual’s performance on field sobriety tests. Some drivers may have pre-existing medical issues that could affect their performance on the tests. Both physical and mental health challenges could affect the outcome of field sobriety testing. Those who have medical records affirming the presence of certain conditions could raise questions about the reliability of test results.
When officers don’t follow best practices
Typically, there are three standardized field sobriety tests that police officers can administer. The decision to perform alternate tests could raise questions about the usefulness of the information gathered by testing. Other times, performing the tests in a location not captured by dashboard cameras might mean that test results are less than reliable because there is no objective evidence about a driver’s performance. When police officers don’t follow the right procedures during testing, that can raise questions about relying on field sobriety test results in court.
When a traffic stop was inappropriate
For field sobriety testing to be legal and the results admissible in court, police officers have to have a valid reason for initiating the traffic stop. In the scenarios involving an inappropriate encounter with police officers, any evidence they obtained might not be admissible in a criminal trial.
Defense attorneys can sometimes help raise questions about field sobriety test results or exclude the results from a criminal trial. Those hoping to fight DWI charges often need to look carefully at the state’s case. Small mistakes on the part of law enforcement can provide significant leverage to those hoping to avoid a conviction.