Law enforcement commonly use field sobriety tests to determine if a driver is impaired. These tests usually involve tasks that assess balance, coordination and the ability of the driver to divide attention between multiple tasks. However, there are some instances when these tests are invalid, which could be a defense in DWI cases.
Knowing the elements
The validity of a field sobriety test can depend on several factors, which typically involve these elements:
- Application and administration: The officer conducting the protocols should follow and apply the National Highway Traffic Safety Administration’s (NHTSA) standardized field sobriety tests. It is also crucial that the officer administering the tests is properly trained in these procedures.
- Conditions: Law enforcement should conduct tests in a safe, well-lit environment to ensure accuracy and safety. Environmental factors such as inclement weather or distracting noises can affect the results.
- Documentation: The officer must observe the driver’s performance and document any indicators of impairment. This documentation can be crucial in the legal proceedings.
- Participation: While drivers may face consequences for refusing a sobriety test, such as automatic license suspension under implied consent laws, participation in field sobriety tests is technically voluntary.
An incorrect application, administration or under unreasonable conditions, among others, can lead to compromised results.
Protecting your rights
If you are questioning the validity of a field sobriety test that led to your DWI case, it can be beneficial to consult with an experienced DWI attorney who can provide guidance based on the details of the incident. This will allow you to develop a DWI defense suitable to your situation.
