Often in a police report, the officer will note if a person was fidgety, interrupted the officer, began the test too early or made careless mistakes. Many courts interpret these notes as evidence of intoxication but what if they were merely indications of another issue? It isn’t up to you to accept the police officer’s version of the events; it is up to the prosecution to establish them.
Attention Deficit Disorder, ADD, or hyperactive which is ADHD, is another possible explanation for these issues. ADD/ADHD is a syndrome in which the person is unable to conform their actions to strict instructions, be patient or refrain from fidgeting.
Moreover, while ADD/ADHD is mostly associated with a childhood disease, ADHD affects up to 66 percent of people diagnosed as children into adulthood. Moreover, according to the American Psychiatric Association, 4.1 percent of adults suffer from ADD/ADHD.
Common symptoms of ADD/ADHD include impaired impulse control issues, distractibility, poor sustained attention, and hyperactivity. All of these symptoms would make passing a field sobriety test difficult for any person.
If you were arrested for driving under the influence, then you may want to speak with a lawyer. Remember, just because you blew a positive in the breathalyzer or failed the field sobriety test, does not mean your defenses are over. The police are obligated to administer those tests in the correct manner. If the arresting officer confuses you or does not take a disability into account when conducting the test, that could be grounds to exclude the results as evidence. A lawyer can review what happened and help you prepare a defense.