The defendant’s performance on Field Sobriety Tests is often a key piece of evidence in a drunk driving case. Police officers commonly use these roadside tests to assess whether a driver is under the influence of drugs or alcohol. While police and prosecutors want you to believe the tests accurately indicate whether a driver has had too much to drink, Field Sobriety Tests are rife with problems that an experienced DUI defense lawyer can exploit to negotiate a more favorable resolution in your case.
Connecticut police officers use a combination of standardized and non-standard Field Sobriety Tests to evaluate whether a driver is under the influence of drugs or alcohol. They are trained to look for “clues” such as a lack of focus, poor coordination, and difficulty completing the tasks, and will evaluate how well the driver performed on the tests. Interestingly, however, a driver does not pass or fail the Field Sobriety Tests. Instead, the police officer may testify that a driver “did not perform the test as demonstrated and instructed.”
Standardized Field Sobriety Tests have been approved by the National Highway Transportation Safety Administration (NHTSA). A police officer can use them to establish probable cause to arrest a driver for DUI. The NHTSA has established and approved the following three tests:
Some police officers use non-standard Field Sobriety Tests to assess whether a driver is under the influence of drugs or alcohol. Even though the NHTSA has not approved these tests, some officers continue to use them.
Common non-standardized Field Sobriety Tests include:
If you were asked to perform any of these non-standardized tests, a DUI defense attorney can challenge the reliability of the test and ask the court to declare the results inadmissible at trial.
A skilled DUI defense lawyer will analyze your situation and identify ways to challenge the accuracy, reliability, and validity of the Field Sobriety Tests.
Before asking a suspect to perform Field Sobriety Tests, a police officer must have a reasonable suspicion to believe a driver is impaired. To establish reasonable suspicion, police officers often cite an “odor of alcohol,” red or watery eyes, erratic driving, or slurred speech. If the officer cannot identify specific facts that made them believe a driver was under the influence, a DUI defense lawyer can challenge whether the officer had probable cause to believe a crime had occurred. Filing a Motion to Suppress Evidence that challenges the probable cause requirement can result in a reduction in charges or dismissal of your case.
You are not required to perform Field Sobriety Tests. But if you do, the officer must comply with the relevant standards and protocols when administering the tests. If the police officer does not follow the proper format, a DUI defense lawyer can file a Motion to Suppress Evidence asking that the defendant’s performance on the tests be excluded from trial.
Before asking you to perform the Field Sobriety Tests, the police officer should ask about any medical conditions that could affect your ability to perform the tests. Many officers fail to ask this question, and even if they do, they may not understand how a particular medical condition could affect your performance. Common medical conditions that could affect your performance on the Field Sobriety Tests include:
A DUI defense attorney is also experienced in challenging Field Sobriety Test conditions. For example:
If you were charged with a DUI in Connecticut, experienced legal representation is crucial. A successful DUI defense strategy will address multiple factors, such as whether the traffic stop was constitutional, how the police officer administered the Field Sobriety Tests, and the accuracy of any chemical tests that were conducted.
DUI defense attorney Stephen Lebedevitch will carefully evaluate the circumstances that led to your arrest and craft a compelling defense designed to reduce the charges or the severity of the penalties you face or to have the case against you dismissed.
The Lebedevitch Law Firm defends people accused of DUI in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut. To learn more, contact us today to schedule a free consultation.
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