Challenging a field sobriety test, Part 2

On Behalf of | Oct 16, 2016 | Field Sobriety Tests

You may think that failing a field sobriety test sealed your fate. You were done and subject to prosecution. But failing the field sobriety test is only the beginning. As discussed in a previous post, there are numerous ways to challenge the validity of a field sobriety test. The accuracy of the test relies on the officer accurately recording the results and administering the tests. This post will go over the other ways you can challenge the results from a field sobriety test.

Another common issue that officers face is if they fail to take into account your physical or mental condition. These tests require you to walk in a straight line, follow objects with your eyes, and stand on one leg. If you suffer from an inner ear infection or condition, your balance is affected. You are physically incapable of standing on one leg and walking in a straight line, regardless of your sobriety.

Moreover, if you are dealing with a neurological issue, like a brain injury, you will also have difficulty complying with the test. Another common problem that results in false positives is skeletal, or movement disorders.

The officer needs to screen for these potential problems. It isn’t up to you to alert the officer, although you should avoid these issues, the burden is on the officer to ensure the test is administered correctly.

If you are facing a DUI charge due to an improper field sobriety test, then you should call a defense attorney at your earliest convenience. You will want to begin challenging and investigating the validity of the test as soon as possible. The faster you can contest the results, the better your odds of a dismissal or favorable plea bargain with the prosecutor. A good rule to live by is the longer it takes to resolve the case, the less likely you are going to get a good plea bargain. An attorney can help you get the case moving.

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