Understanding Field Sobriety Tests
Field sobriety tests are typically used by law enforcement officers when they suspect a driver might be impaired. These tests are meant to evaluate a driver’s coordination, balance, and ability to follow instructions, all of which can be affected by alcohol or drugs. The tests typically include the one-leg stand, the walk-and-turn test, and the horizontal gaze nystagmus test. While the results of these tests are commonly used in DWI cases, they are not infallible. Many factors can affect a person’s performance on these tests, and the officer conducting the test must follow specific procedures for the results to be considered valid. When those procedures are not followed correctly, or if the test conditions were flawed, the results can be inaccurate, leading to a potential defense against a DWI charge.Problems with Field Sobriety Tests
Each of the three most commonly used field sobriety tests has its limitations. The horizontal gaze nystagmus test, for example, is designed to measure the involuntary jerking of a person’s eyes. While the test can indicate potential impairment, there are many other factors, such as medical conditions or even simple fatigue, that can cause eye jerking. The test may not be reliable if the officer fails to account for these factors.
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Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Common Mistakes in Test Administration
One of the biggest weaknesses of field sobriety tests is that they rely on the officer’s observations, which are inherently subjective. Officers are trained to look for specific signs of impairment, but their interpretation of those signs can be influenced by their personal biases or the conditions under which the test is administered. For instance, the test conditions can significantly impact the accuracy of the results. If the test is conducted on uneven ground or in low-light conditions, the driver may struggle to perform the test properly, even if they are sober. In these situations, the test results may not be reliable and could be challenged in court. Additionally, officers must follow standardized procedures when administering field sobriety tests. If the officer fails to do so, the test may not be valid. For example, the officer must give clear, precise instructions and ensure that the person being tested understands them. Any deviation from these procedures can weaken the case against you and form the basis for a strong defense.
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