Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « DUI Defense Strategies: Field Sobriety Testing Errors
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- Most of the times there are several errors in field sobriety test. A person should be lucky enough to pass a field sobriety test because it is a rare case that roadside sobriety test is done correctly.
Inaccuracies of Field Sobriety Tests
Many times, tests will be administered by the police at the site of the traffic stop in order to determine a suspect’s sobriety. The results and interpretation of these are subjective to say the least.
Moreover, you never know that how you would perform under different circumstances even though you are not drunk, these “results” will mean little in a court of law.
A certificate should be given to an experienced DUI trial lawyer as an instructor in Field Sobriety Testing, and he should have the ability to effectively point out the high level of subjectivity associated with these tests through cross examination.
It is expected from even completely sober people that it may happen that they will fail the sobriety test.
Conditions that Bring Failure of Field Sobriety Test
Following are the conditions that bring failure to the sober individuals:
• The surfaces may be wet, slippery or uneven
• The footwear might be unstable such as stiletto heels, boots or dress shoes
• The environment might be dark punctuated by glaring flashlights, passing traffic or police car flashers
• The weather may be cold, rainy or windy
• The suspect may be suffering from anxiety, he might be feeling nervous or may be possible he is angry at being stopped
One or more factors that are mentioned above might be present while you are performing sobriety test and thus become a reason of your failure. Such performance becomes the attributes to these factors, rather than intoxication.
Improper Administration of Field Sobriety Tests
National Highway Traffic Safety Administration (NHTSA) has devised the standardized tests for sobriety. It is required that the officers must administer these in accordance with NHTSA regulations, but frequently it happens that they do not stick to the guidelines or even receive the necessary training.
Only three types of standard field sobriety tests are there: a walk the line test, a one-leg balance test and an eye gaze test (following a finger or pen light with the eyes).If the officer fails to administer these properly then it may cause the case to be thrown into doubt and a defense will challenge any indication that the officer is insufficiently trained or did a job carelessly.
Use of Unreliable Field Sobriety Tests
Those tests other than the three that are mentioned above are nonstandard and unreliable. The standards have never been established by NHTSA for test such as: counting fingers, touching finger to nose, picking up a coin, reciting the alphabet, counting backwards or others. There exist no criteria for the administration scoring or interpreting of these tests and since they are unreliable so to use them as part of a DUI prosecution is an uncertain strategy.
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