Getting pulled over on suspicion of drunk driving is stressful enough. But when the field sobriety tests (FSTs) used to justify your DUI charge weren’t administered properly, that stress can quickly turn into frustration and questions, necessitating a consultation with a Glendale DUI Attorney. Was the test fair? Can this be challenged in court? Could a mistake by the officer work in your favor? The good news is that yes, you can dispute a DUI charge, especially if the field sobriety tests were mishandled. Let’s dive into what that means, how it works, and what steps you can take if you believe your charge is based on faulty evidence.
Understanding Field Sobriety Tests—and Their Purpose
Field sobriety tests are a series of physical and cognitive tasks law enforcement officers use to evaluate a driver’s impairment. The three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA) are:
- Horizontal Gaze Nystagmus (HGN): The officer tracks the movement of your eyes as you follow an object side to side.
- Walk-and-Turn: You’re asked to walk heel-to-toe in a straight line, turn, and return.
- One-Leg Stand: You stand on one foot while counting aloud for 30 seconds.
These tests measure balance, coordination, and attention—functions often impaired by alcohol or drugs. But here’s the catch: these assessments are not foolproof. Factors like medical conditions, anxiety, uneven terrain, or improper instructions can all skew the results.
When Field Sobriety Tests Go Wrong
It’s not uncommon for mistakes to occur during the administration of FSTs. Officers may forget key instructions, use non-standardized testing, or fail to consider factors that could influence a person’s performance. For example, a person with an inner ear condition might struggle with balance, sober or not. Wearing high heels, being nervous, or standing on a sloped road can all make you seem impaired when you’re not.
Additionally, officers must follow very specific protocols for each test. If they deviate from these procedures, the results could be deemed unreliable in court. That includes incorrect timing, failure to demonstrate the test properly, or subjective judgments not backed by the test guidelines. These are not just small oversights—they can undermine the credibility of the entire DUI stop.
Legal Grounds for Challenging Faulty Sobriety Tests
If you believe your field sobriety test was improperly administered, it may form the basis for challenging your DUI charge. Here’s how that might unfold:
- Reviewing Dashcam or Bodycam Footage
Your attorney can request police video footage to see exactly how the tests were conducted. The officer’s failure to follow protocol could weaken the prosecution’s case.
- Cross-Examining the Officer
During court proceedings, your lawyer can question the officer’s training, adherence to NHTSA guidelines, and observations during the test. Any inconsistencies can raise doubts.
- Expert Testimony
Some cases include expert witnesses who can explain to the court how improper testing or medical conditions may have affected your performance.
- Excluding the Evidence
If the field sobriety test is shown to be unreliable or improperly done, a judge may exclude that evidence entirely. This can dramatically change the course of your case, sometimes leading to reduced charges or even dismissal.
But What If There Was a Breath or Blood Test Too?
It’s important to note that field sobriety tests are just one piece of the DUI puzzle. Even if those tests are challenged, the presence of a valid breath or blood test can still support the charge. However, if there are issues with how those chemical tests were conducted (improper calibration, contamination, etc.), those too can be challenged.
In some cases, the entire DUI case hinges on the credibility of the FSTs, especially if no breath or blood test was administered. So don’t discount their role in your defense strategy.
Don’t Go It Alone: Why Legal Advice Matters
Disputing a DUI isn’t as simple as pointing out a mistake. It requires in-depth knowledge of DUI law, police procedures, and courtroom strategy. A qualified Glendale DUI Attorney can evaluate whether your field sobriety tests were flawed and build a strong case around those errors. They’ll know how to gather the right evidence, identify legal loopholes, and advocate on your behalf.
Final Thoughts
A DUI charge doesn’t have to be the end of the road, especially if field sobriety tests were done incorrectly. From botched instructions to unsteady testing grounds, even small missteps by officers can open the door to a legitimate legal challenge. If you’re facing a DUI and suspect the FSTs were flawed, don’t assume it’s hopeless. Reach out to a skilled DUI attorney who can help you navigate the complexities of your case and fight for your rights with precision and confidence.
