Defending Failed Field Sobriety Tests
Standardized Field Sobriety Tests In Illinois
After a police officer stops you under the suspicion that you are driving under the influence (DUI), one of the first things they will do is ask you to step out of your vehicle. By careful observation, an officer will determine whether you might be intoxicated and will likely conduct field sobriety tests on you.
Overview of Standardized Field Sobriety Tests (SFSTs)
Standardized Field Sobriety Tests (SFSTs) are tools used by law enforcement to assess if a person is under the influence of alcohol. These tests help to identify signs of impairment that a police officer might notice during a roadside stop.
The tests are designed to be simple and easy, ensuring that most people can do them under normal circumstances. SFSTs are widely used in the United States as a preliminary means to establish probable cause for a drunk driving arrest. While they can indicate impairment, they are not foolproof and may be influenced by factors such as medical conditions or stress.
Standard Field Sobriety Tests
There are many such tests, but only three that are recognized as Standardized Field Sobriety Tests by the National Highway Traffic Safety Administration.
These include:
One Leg Stand – The One-Leg Stand test involves standing on one foot while counting aloud. These components were standardized to make it easier for officers to assess drivers consistently. A driver must stand with one leg raised about six inches off the ground and maintain his or her balance. This test is used to check a person’s coordination and balance.
Horizontal Gaze Nystagmus – The HGN test checks the eyes for smooth pursuit by having the subject follow a moving object like a pen.A person is asked to follow a light or object with his or her eyes back and forth. If person has alcohol in his or her system, there is normally an involuntary jerky movement of the eyes from side to side.
Walk and Turn – The Walk-and-Turn test evaluates divided attention skills by requiring the subject to walk in a straight line, turn, and walk back.A person is asked to walk heel to toe in a certain direction for a set number of steps, then turn around and repeat the procedure. The officer evaluates the person’s ability to follow the instructions, his or her balance and coordination in doing so.
If you have been stopped for driving under the influence, contact a Chicago DUI attorney from my firm right away to begin the process of defending you against the charges.
The Importance of SFSTs in DUI Cases
Standardized field sobriety tests (SFSTs) are key in DUI cases. These tests help officers determine if a driver is under the influence of alcohol. Police officers use three main tests: the Walk-and-Turn test, the One-Leg Stand, and the Horizontal Gaze Nystagmus. Each is designed to detect signs of impairment.
These tests check for indicators like balance, coordination, and response to commands. They aim to reveal signs that a driver may be over the legal limit. SFSTs are standard across the country, providing consistency in identifying impaired drivers.
Evidence in Courtroom Proceedings
In a courtroom, SFSTs act as important evidence. They help the judge or jury understand whether the driver showed signs of impairment. During trials, Attorney Mitch Furman often question the accuracy and execution of these tests.
He might argue that medical conditions or being pounds overweight could affect performance. Law enforcement officers must follow strict guidelines to ensure that the results are valid. Any deviation may weaken the evidence.
Attorney Furman focuses on these lapses to challenge the officer’s assessment. Accurate SFST evidence can either support the prosecution’s case or provide defense attorneys with a point of weakness to exploit.
Are field sobriety tests accurate?
For field sobriety tests to produce the most accurate results, they must be administered in a very specific way. Three tests in particular must be administered: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). The results of these tests are not always 100% accurate, however, even when properly administered.
Be mindful that the accuracy of the field sobriety test results is directly proportional to police officer’s training under the National Highway Traffic Safety Administration (NHTSA) guidelines.
According to the NHTSA (National Highway Traffic Safety Administration), these tests may yield results of varying accuracies*:
- Horizontal Gaze Nystagmus (HGN) – proper classification of approximately 88% of subjects.
- Walk-and-Turn (WAT) – approximately 79% accuracy.
- One-Leg Stand (OLS) – accurate in approximately 83% of subjects.
When all three tests are administered accurately, they may yield accurate results in 91% of cases. It is possible that other factors – ones not related to drugs or alcohol – could lead to a “failed” field sobriety test:
- Naturally poor balance
- Preexisting medical conditions affecting balance or vision
- Age
- Weight
- Existing or previous injury
- Nervousness
- Exhaustion
Even the shoes the driver is wearing can affect his or her performance of a field sobriety test. These tests gauge balance, coordination, and the ability to follow instructions – which can all naturally differ from person to person.
Challenging the Field Sobriety Test
Although these tests may be an aid to an officer, they can easily be challenged in court. If the officer did not follow the exact procedure required during the administration of these tests, they can be disputed as valid evidence. A driver having a medical or physical condition that could affect the outcome of these tests can also be brought to bear when fighting your DUI charges.
Standardized field sobriety tests, or SFSTs, are tools used by police officers to assess if a driver is under the influence of alcohol. Although these tests are widely used, there are grounds to question their reliability. Attorneys at Law Office of Mitch Furman often examine the conditions under which these tests are conducted.
Factors such as environmental conditions and the driver’s physical state can greatly affect results. For example, if a driver performs a One-Leg Stand test on an uneven surface, the results might not reflect their sobriety.
Common Limitations of SFSTs
The limitations of standardized tests like the Walk-and-Turn or the One-Leg Stand are notable. These field tests are designed to show signs of impairment, but often they can be misleading. Environmental factors play a large role. Wet or icy roads, uneven surfaces, or poor lighting can all affect performance.
Physical and medical conditions of the driver also need consideration. Someone who is overweight, elderly, or has balance issues might fail these tests regardless of alcohol consumption. A blood alcohol content within the legal limit might not influence test performance as much as these personal factors. Additionally, these standardized tests require divided attention. Not everyone has the same cognitive abilities to manage these tasks under stress, which could skew results and lead to an unfair assessment of impairment.
Strategies for Contesting SFST Outcomes
Those who question SFST results have several strategies available. First, examining environmental conditions is crucial. Evidence showing poor test conditions can support claims of unreliable results.
Medical records are another line of defense. Documented conditions such as injuries or disabilities provide a valid reason for the poor performance on field sobriety tests. Lawyers at our Firm often present such evidence to argue against the weight of sobriety test evidence.
Lastly, questioning the police officer’s conduct is a common approach. Attorney Mitch Furman may scrutinize how the tests were conducted and whether protocol was followed. Was the officer trained properly? Were the instructions clear? Any lapse might help reduce the credibility of the test results in the eyes of law enforcement officers and the court.
By addressing these points, you can effectively contest SFST outcomes.
At my criminal defense firm, the Law Offices of Mitch Furman, I know all of the possible legal challenges for DUI and for fighting field sobriety tests. I will work hard to get your charges reduced or dismissed and will give you the personal attention you deserve.
Contact my Chicago criminal defense firm today to schedule a free consultation!
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