If you’re arrested on suspicion of drunk driving, the police officer will typically ask you to perform field sobriety tests. The results of these tests can provide evidence of impairment in a DUI case. Many people charged with DUI ask us, “Can field sobriety tests be challenged?” The answer is yes.
Field sobriety testing can be inaccurate. A skilled Indianapolis DUI lawyer can challenge field sobriety tests if the officer didn’t follow correct procedures or if you failed the test for reasons unrelated to intoxication, such as a health condition or stress.
At Rathburn Law Office P.C., we understand how overwhelming a DUI charge can be. We’re here to protect your rights. Contact us today for a free case evaluation!
What Are Field Sobriety Tests?
Field sobriety tests are a series of physical and mental exercises used by law enforcement officers to assess whether a driver is impaired by alcohol or drugs during a traffic stop. The tests are not always accurate or reliable.
Police typically use three types of field sobriety tests based on guidelines established by the National Highway Traffic Safety Administration (NHTSA). Officers must follow specific guidelines when administering these tests.
The Horizontal Gaze Nystagmus (HGN) Test
This test measures the involuntary jerking of the eyes as a person looks to the side. Officers ask the driver to follow a pen or flashlight with their eyes while keeping their head still. Involuntary jerking of the eyes tends to occur at higher levels of alcohol impairment.
The Walk-and-Turn Test
In this test, the driver is instructed to take nine steps in a straight line, heel-to-toe, then turn around and return the same way. The officer looks for imbalance, difficulty following instructions, or other signs of impairment.
The One-Leg Stand Test
This test requires the driver to stand on one leg for 30 seconds while keeping the other leg off the ground. The officer observes any signs of swaying, hopping, or putting the foot down, which could indicate impairment.
Can You Refuse Field Sobriety Tests in Indiana?
In Indiana, you have the right to refuse field sobriety tests. Unlike refusing a blood or breathalzer test, refusing field sobriety testing doesn’t lead to an automatic license suspension. However, the officer may still have probable cause to arrest you if they believe you are impaired.
Can Field Sobriety Tests Be Challenged?
Yes, field sobriety test results can be challenged in a DUI case. Challenging the results of these tests is often a key part of a DUI defense strategy.
A skilled Indianapolis DUI lawyer will review the circumstances surrounding the test, including any dashcam or bodycam footage from the traffic stop, to identify any issues with how the tests were administered or how the results were interpreted. A DUI attorney can look for mistakes that may weaken the prosecution’s case.
Challenging field sobriety test results could lead to reduced charges or a dismissal of the case.
How a DUI Lawyer Can Challenge Field Sobriety Test Results
There are several ways a DUI lawyer can challenge field sobriety test results in your case. These challenges may vary based on the specific facts of your case, but the following are some of the most common defenses used to dispute field sobriety test results:
Improper Administration of the Test
Field sobriety tests must be administered according to specific guidelines outlined by NHTSA. If the officer did not follow these procedures, the test results may not be valid. Issues that could arise with the administration of the tests include:
- The officer did not give clear instructions.
- The officer did not provide sufficient time for you to perform the test.
- The officer did not provide proper testing conditions (e.g., performing the test on uneven ground).
Showing the officer did not administer the test correctly can cast doubt on the reliability of the results and weaken the prosecution’s case.
Environmental Factors
A DUI lawyer can use environmental factors to argue that the results of the field sobriety tests were inaccurate or unfairly influenced by conditions outside of your control.
- Weather conditions: Rain, snow, or wind can make it difficult to maintain balance or focus.
- Uneven surfaces: Performing the walk-and-turn test on a road with cracks, potholes, or gravel can affect your ability to complete the test successfully.
- Bright lights or distractions: Police lights, passing traffic, or other distractions could make it harder to concentrate and follow instructions.
Health Conditions or Physical Limitations
Certain health conditions or physical limitations can also affect your ability to perform well on field sobriety tests, even if you are not impaired by alcohol or drugs. Some common medical conditions that can interfere with the tests include:
- Vertigo or balance issues: Conditions that affect your sense of balance, such as inner ear issues, could impact your ability to stand on one leg or walk in a straight line.
- Neurological disorders: Any condition that affects your motor skills, such as Parkinson’s disease, could make it difficult to perform the tests properly.
- Injuries: If you’ve recently sustained an injury, such as a sprained ankle, it may be impossible to perform certain tests as required.
A DUI lawyer can gather medical records or consult with experts to show that your inability to pass the field sobriety tests was due to a legitimate health condition or physical limitation rather than alcohol or drug impairment.
Officer Bias in Interpreting Results
Another factor that can undermine the results of field sobriety tests is the potential for officer bias or error. An example is assuming that a driver is impaired simply because they were stopped late at night or near a bar. A DUI lawyer can examine the officer’s training, experience, and behavior during the stop to determine if bias or error played a role in the test results.
Contact an Indianapolis DUI Lawyer Today
Field sobriety testing is not foolproof and may not accurately reflect a person’s level of impairment. If you have been arrested for DUI in Indianapolis and field sobriety tests were used as evidence, it is essential to work with a knowledgeable Indianapolis DUI lawyer who can evaluate your case and determine the best defense strategy.
A DUI lawyer will review the dashcam or bodycam footage, assess the conditions of the test, and investigate any medical or environmental factors that could have influenced your performance. By identifying weaknesses in the prosecution’s case, your lawyer can challenge the validity of the field sobriety tests and work to have the charges reduced or dismissed.
If you’re facing DUI charges and want to discuss your case with an experienced attorney, contact Rathburn Law Office P.C. today. We’re here to protect your rights.
