What Are Potential Defenses Against Field Sobriety Test Results?

Field sobriety tests are often used by law enforcement to determine if a driver is impaired. These tests, however, are not necessarily reliable. Understanding potential defenses against these test results can be crucial in building a strong OVI defense.

Unreliable testing conditions

Conditions during the test can significantly affect the results. Uneven surfaces, poor weather, or inadequate lighting can make the tests difficult, even for a sober person. A defense could argue that these conditions made the results inaccurate.

Medical conditions and physical limitations

Certain medical conditions or physical limitations can impact a person’s ability to perform field sobriety tests. Injuries, balance disorders, or even fatigue can make passing the tests challenging. A defense attorney could use medical records to show that physical issues, not alcohol or drugs, affected the results.

Officer errors

Law enforcement officers must follow strict guidelines when administering field sobriety tests. Mistakes in administering or scoring these tests can lead to inaccurate results. A defense could argue that the officer did not follow proper procedures, making the test results invalid.

Nervousness and anxiety

Being pulled over by law enforcement can be a stressful experience. Anxiety or nervousness can cause poor performance during a field sobriety test. A defense could argue that the driver’s nervousness led to the appearance of impairment, rather than actual intoxication.

Lack of standardization

Field sobriety tests are not always standardized, and individual officers may interpret them differently. This lack of standardization can lead to inconsistencies and errors. A defense might argue that the subjective nature of these tests makes the results unreliable.

Field sobriety tests are inherently subjective. Unlike chemical tests, they lack quantifiable results. A defense can highlight this subjectivity to cast doubt on their credibility, arguing that they do not provide definitive proof of impairment.