Field Sobriety Tests and How They Impact Your DUI Case
Field sobriety tests (FSTs) play a crucial role in determining whether an individual is under the influence while driving. In Missouri, as in many states, law enforcement officers use these tests to establish probable cause for a DUI arrest. However, there’s much more to field sobriety tests than simply walking in a straight line or balancing on one foot.
If you’ve been arrested for a DUI after performing these tests, it’s important to understand how they work and how they can impact your case. For more information, contact me at Howard L. Lotven, P.C. in Kansas City, Missouri.
What Are Field Sobriety Tests?
Field sobriety tests are a set of physical and cognitive exercises designed to evaluate a driver’s level of impairment. These tests are typically administered by law enforcement officers during a traffic stop when they suspect a driver may be under the influence of alcohol or drugs.
The goal is to observe how well the driver performs tasks requiring balance, coordination, and attention.
The three most common standardized FSTs, as established by the National Highway Traffic Safety Administration (NHTSA), include:
The horizontal gaze nystagmus (HGN) test: This test involves following an object, such as a pen or light, with the eyes. Officers watch for involuntary jerking of the eyes, which can indicate impairment.
The walk and turn test: In this test, the individual must take nine heel-to-toe steps in a straight line, turn around, and take nine steps back. Officers observe balance, coordination, and ability to follow instructions.
The one-leg stand test: The individual must stand on one leg for a set period, usually around 30 seconds, while maintaining balance without swaying, hopping, or putting their foot down.
Why Field Sobriety Tests Matter in a DUI Case
Field sobriety tests are often one of the first pieces of evidence collected in a DUI case. When a driver fails these tests, it gives law enforcement officers probable cause to arrest them for driving under the influence.
The results of these tests are often used in court to support the prosecution’s argument that the driver was impaired.
However, it’s important to recognize that these tests aren’t foolproof. Many factors can affect a person’s performance on an FST, including:
Health conditions: A person with a medical issue, such as vertigo or a leg injury, may fail a test even if they’re sober.
Environmental factors: Poor lighting, uneven pavement, or bad weather can interfere with an individual’s ability to perform the tests properly.
Nervousness: Being pulled over by the police can be a stressful experience. Nervousness and anxiety can cause a person to struggle with concentration or balance, leading to poor test performance.
Non-Standardized Field Sobriety Tests
In addition to the standardized tests mentioned earlier, some officers may administer non-standardized field sobriety tests. These tests aren’t recognized by the NHTSA and include tasks such as:
The finger-to-nose test: The driver is asked to touch their nose with their index finger, which may be difficult if they’re impaired.
The counting backward test: The driver is asked to count backward from a given number, testing cognitive function.
Reciting the alphabet: This test requires the driver to recite the alphabet without singing or skipping letters.
Although non-standardized tests aren’t as commonly used in court, they can still be introduced as evidence in some cases. It’s important to be aware that you have the right to refuse field sobriety tests, though doing so may come with consequences, such as license suspension.
How Reliable Are Field Sobriety Tests?
Field sobriety tests are subjective, and their reliability is often called into question. While law enforcement officers are trained to administer these tests, they’re not infallible. There are various factors that can compromise the reliability of FSTs:
Officer bias: If an officer believes a driver is impaired, they may unintentionally focus on or emphasize signs of failure during the test.
Incorrect administration: Officers may not always follow the strict guidelines for administering field sobriety tests, which can affect the accuracy of the results.
Physical limitations: As mentioned earlier, age, weight, medical conditions, or physical disabilities can make it difficult for some individuals to pass certain tests, even if they’re sober.
Because of these factors, a skilled criminal defense attorney can often challenge the results of field sobriety tests in court. By highlighting the potential inaccuracies and inconsistencies, an attorney can cast doubt on the reliability of the tests and strengthen the defense.
Legal Rights and Refusing a Field Sobriety Test
In Missouri, drivers aren’t legally obligated to take field sobriety tests, and you have the right to refuse them. However, refusing FSTs may have consequences, such as:
Probable cause for arrest: While refusal alone may not result in an arrest, an officer may still have enough evidence from other observations to arrest you.
Administrative penalties: Even if you avoid a conviction, your refusal may lead to administrative penalties, such as the suspension of your driver’s license.
Understanding your rights in these situations is crucial. A DUI attorney can help you manage the challenges of Missouri DUI laws and build a strong defense, whether you’ve taken the field sobriety tests or refused them.
Defending Against Field Sobriety Test Results
If you’re facing DUI charges after taking a field sobriety test, it’s not the end of the road. A good DUI defense attorney will examine every aspect of your case to determine if the test results can be challenged. Some common defense strategies include:
Questioning the conditions: Your attorney can argue that the environmental conditions, such as weather or the surface where the test was conducted, affected your performance.
Medical defenses: If you have a medical condition that would have impacted your ability to perform the tests, this can be used as a defense in your case.
Officer conduct: If the arresting officer failed to administer the tests properly or didn’t follow legal protocol, the test results may be deemed unreliable.
By scrutinizing the details of the FSTs and other evidence, your attorney can work to minimize the impact of the tests on your DUI case.
What to Do If You’re Pulled Over for Suspected DUI
If you’re pulled over for a suspected DUI in Missouri, it’s important to remain calm and know your rights. Here’s what you should do:
Be polite and cooperative: Don’t argue with the officer, but remember that you have the right to remain silent beyond providing your basic information.
Know your rights: You have the right to refuse field sobriety tests and chemical tests, though there may be consequences for doing so.
Contact a lawyer immediately: If you’re arrested, contact a DUI defense attorney as soon as possible. They can advise you on the next steps and help you prepare your defense.
Common Misconceptions About Field Sobriety Tests
There are several misconceptions surrounding field sobriety tests that can lead individuals to make poor decisions during a traffic stop. Let’s clear up some of the confusion:
FSTs are mandatory: Many people believe they must take the tests if asked by an officer, but that’s not the case. Refusal may come with penalties, but it’s within your rights to refuse.
Passing an FST means you won’t be arrested: Even if you perform well on the tests, officers may still arrest you if they believe you’re impaired. FST results are just one piece of evidence.
Field sobriety tests are highly accurate: As discussed earlier, these tests are far from perfect and can be influenced by a variety of factors.
Contact Me for Help With Your DUI
Field sobriety tests are a common tool used by law enforcement in DUI cases, but they’re also flawed. If you’ve been arrested for a DUI in Kansas City, Missouri, or Independence, Rock Port, or Lexington, I can help. Reach out to me at Howard L. Lotven, P.C. for help with challenging the test results and working toward the best possible outcome in your case.