If you’ve been pulled over in Maryland and arrested for DUI or DWI after taking a field sobriety test, you might assume that the only outcome for your case is a conviction. While these tests are often used as evidence by law enforcement, the truth is that they are far from foolproof. What should you know about field sobriety tests?
What Are Field Sobriety Tests?
Field sobriety tests (FSTs) are different physical and mental exercises that police officers use during a traffic stop to assess if a driver is impaired. The most common tests include:
- Horizontal Gaze Nystagmus (HGN): You have probably seen this test in a movie or TV show before, and it involves the officer looking at the driver’s eyes as they try to follow a small object, like the officer’s finger or a pen, from side to side. This test is trying to find signs of nystagmus, which is an involuntary jerking of the eyes that can happen when you’re under the influence of alcohol or drugs.
- Walk and Turn: This test involves taking heel-to-toe steps in a straight line before turning around and walking back. The officer will be searching for any signs of losing balance, not walking heel-to-toe, or not taking the number of steps that they asked for. However, this test can be challenging for people who are sober because of medical conditions, uneven ground, or bad weather.
- One-Leg Stand: In this FST, the driver will be asked to stand on one foot and count out loud. Officers will check to see whether or not the driver can maintain their balance. However, this test can also be challenging for sober people.
Though these three tests are standardized by the National Highway Traffic Safety Administration (NHTSA), they are not foolproof and are subject to interpretation, making it possible to challenge field sobriety test results in court.
Why Are Field Sobriety Tests Sometimes Unreliable?
While they’re used every day across the country, field sobriety tests are not perfect. Many factors other than being intoxicated can influence the outcome of these tests. For example:
- Medical conditions like inner ear problems, neurological issues, or musculoskeletal disorders
- Age, weight, or physical fitness, which can impact balance and coordination
- Anxiety or nervousness
- Uneven or poorly lit surfaces
- Inadequate instructions or deviations from standard test procedures by the officer
How Can You Challenge Field Sobriety Test Results in Court?
There are several strategies that a Maryland defense attorney can use to challenge field sobriety test results.
Questioning the Officer’s Training and Conduct
The officer administering the test has to follow specific NHTSA guidelines in order for the results to be valid. If they fail to do so by giving incorrect instructions or failing to observe what you’re doing, the results could be invalid.
Medical and Physical Conditions
Many people have medical conditions that make it hard to successfully perform balance or coordination tasks. If you are one of those people, your lawyer can present medical evidence in court.
Environmental Factors
If the tests were administered on uneven pavement or in poor weather conditions, it could impact your ability to balance or pay attention. Poor visibility can also be an issue. These factors can all be used to challenge field sobriety test results as unreliable.
Officer’s Subjective Interpretation
Field sobriety test results are based on the officer’s judgment. However, bias or misinterpretation can influence what the officer perceives as “failing” behavior. Video evidence, if available, can be a powerful tool in countering the officer’s perspective.
Contact Mobley & Brown, LLP for Help with Your Legal Needs
If you are looking to defend your DUI or DWI charges, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
