If you have recently received a DUI, the first step you need to take to fight these charges is to work with an experienced DUI attorney in Coral Gables. Additionally, you might be curious to know if there is anything you can do to challenge the results of the field sobriety test you received and how reliable these tests are. Read on to find out more about their reliability and legal challenges.
What Are Field Sobriety Tests?
These are the standard tests that law enforcement officers use to determine whether a driver is under the influence of drugs or alcohol. For a driver to be pulled over, the police officer needs to have a reasonable suspicion that the driver is under the influence. Once you have been pulled over, you may be administered a field sobriety test.
Here are the three most common ones:
Horizontal Gaze Nystagmus Test
Through this test, the police officer aims to see if the driver has any involuntary jerking of the eyes as they gaze to the side. They do it by placing the tip of a pen or penlight about 12 to 15 inches from the face of the driver, moving it from side to side, and asking the driver to follow the light. They expect the movement to be smooth with no sudden jerks.
These tests might be challenged because the police officers have no medical training and they may write in their report that they saw a sign that made them think there was impairment. A skilled DUI attorney can challenge these findings and introduce doubt into the officer’s testimony.
The Walk and Turn Test
The officer will make you take nine steps in one direction and then turn and walk back the way you came. The purpose of this test is to confirm your ability to coordinate your movements and perform several tasks at once. You are expected to walk heel to toe and the officer will check if you are walking without maintaining your balance, you start walking too soon and then stop walking, you step off the line, or you take the incorrect number of steps. Failing any two of these means you have failed the test. Your lawyer can easily argue that these tests are highly subjective and that anyone can miss a count or walk too slow or too fast.
The One-Leg Stand
This test requires the driver to stand on one leg for 30 seconds without losing their balance, swaying, hopping around, or putting their foot down. You may fail this test because you are nervous or you have never stood on one leg and find the instructions hard to follow or do not have the strength to do so. Your attorney may also challenge these findings when building a case for your defense.
