How to Challenge the Field Sobriety Tests in a DUI Case From a Defense Perspective
When many people are being investigated for a DUI and then ultimately arrested they are asked to do the field sobriety tests by the investigating officer.
Most people agree to do these and most people are arrested simply based on their performance.
Generally there are three administered when being investigated for a DUI.
These include but are not limited to the horizontal gaze nystagmus, the walk and turn, and the one leg stand.
In your typical DUI case the defense attorney will have to figure out a way to challenge these tests in order to get the best possible outcome for the client.
In my opinion there are several effective ways to challenge them.
Were they administered properly according to the NHTSA manual: There were three tests standardized by the national highway safety adminstration.
These include the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test.
Each was created and designed to be administered in a particular way.
Each individual test has certain steps that need to be followed in a certain manner.
Otherwise the validity of the test can be compromised.
Therefore if the investigating officer didnt follow these steps then they didnt perform the test correctly and that evidence should not be conisdered by the juror as reliable.
This is the most common way to challenge these tests.
Was the subject ideal to perform these tests: The NHTSA manual states the following individuals are not ideal to perform these.
Individuals over 65 years of age, overweight individuals, people suffering from back or leg problems.
You would be surprised at the number of people who fall in this category that are administered the tests.
Prior to being administered the tests the law enforcement officer should ask the subject if they suffer from any physical ailments.
But for some reason most people still try and perform them.
Challenge the actual test itself: The three standardized field sobriety tests described above are divided attention tasks.
Meaning they are designed to ask a subject to perform multiple tasks and follow instructions.
These are thought to mirror all the tasks one needs to do when driving.
However when these tests were designed they were created in a lab environment, with ideal subjects.
In most DUI cases subjects are on the side of the road, with cars whizzing by, at night, nervous, and scared.
These tests are not administered in lab conditions and they affects how a person performs.
Most people agree to do these and most people are arrested simply based on their performance.
Generally there are three administered when being investigated for a DUI.
These include but are not limited to the horizontal gaze nystagmus, the walk and turn, and the one leg stand.
In your typical DUI case the defense attorney will have to figure out a way to challenge these tests in order to get the best possible outcome for the client.
In my opinion there are several effective ways to challenge them.
Were they administered properly according to the NHTSA manual: There were three tests standardized by the national highway safety adminstration.
These include the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test.
Each was created and designed to be administered in a particular way.
Each individual test has certain steps that need to be followed in a certain manner.
Otherwise the validity of the test can be compromised.
Therefore if the investigating officer didnt follow these steps then they didnt perform the test correctly and that evidence should not be conisdered by the juror as reliable.
This is the most common way to challenge these tests.
Was the subject ideal to perform these tests: The NHTSA manual states the following individuals are not ideal to perform these.
Individuals over 65 years of age, overweight individuals, people suffering from back or leg problems.
You would be surprised at the number of people who fall in this category that are administered the tests.
Prior to being administered the tests the law enforcement officer should ask the subject if they suffer from any physical ailments.
But for some reason most people still try and perform them.
Challenge the actual test itself: The three standardized field sobriety tests described above are divided attention tasks.
Meaning they are designed to ask a subject to perform multiple tasks and follow instructions.
These are thought to mirror all the tasks one needs to do when driving.
However when these tests were designed they were created in a lab environment, with ideal subjects.
In most DUI cases subjects are on the side of the road, with cars whizzing by, at night, nervous, and scared.
These tests are not administered in lab conditions and they affects how a person performs.
