Field sobriety tests (FSTs) are used by law enforcement to assess a driver’s potential impairment due to alcohol or drugs. These tests, including the Horizontal Gaze Nystagmus, Walk and Turn, and One-Leg Stand, evaluate coordination, balance, and attention. However, errors in test administration can significantly impact the validity of results, potentially leading to unjust DUI charges. In this blog, we’ll explore common mistakes made by police officers during FSTs and their implications for DUI cases.
Mistake #1: Lack of Clear Instructions
Clear, precise instructions are vital for accurate FST results. When officers fail to provide comprehensive directions, it can lead to confusion and improper test execution. For example, during the Walk and Turn test, officers should instruct suspects to stand with one foot in front of the other, heel-to-toe, and keep arms at their sides until told to begin. Failure to communicate these details clearly can result in incorrect test performance and false indications of impairment. Officers must ensure that suspects fully understand the instructions before proceeding with the test.
In fact, the National Highway Traffic Safety Administration (NHTSA) has stated in previous versions of their training of law enforcement officers across the nation that failure to instruct the test correctly invalidates the test. Just like any standardized test for the test to be standardized the test must be instructed the same. Additionally, officers are required to demonstrate the test to help further show individuals what the test should look like when they perform the test. Lastly, officers must ask the subject if they understand the instructions because a person who does not understand the questions or is too nervous to listen to the instructions is going to fail for another reason other than alcohol impairment.
Mistake #2: Improper Test Administration
Each FST has standardized procedures that officers must follow to ensure reliable results. Deviations from these protocols can compromise test integrity. The Horizontal Gaze Nystagmus test, for instance, requires specific timing for observing eye movements. Rushing or delaying these observations can lead to inaccurate results. Similarly, during the One-Leg Stand test, officers must time the 30-second duration accurately. Proper training and adherence to established guidelines are crucial for maintaining the validity of these tests and ensuring fair assessment of potential impairment.
Mistake #3: Disregarding Environmental Factors
The testing environment significantly impacts FST accuracy. Ideally, tests should be conducted on flat, even surfaces with adequate lighting and minimal distractions. Common environmental issues that can affect results include uneven or sloped surfaces, poor lighting conditions, adverse weather, and heavy traffic or noise. These factors can unfairly influence test performance, making even sober individuals appear impaired. Officers should carefully consider and document the testing conditions to ensure a fair evaluation. When possible, they should choose a suitable location that minimizes environmental interference.
Mistake #4: Overlooking Physical and Medical Conditions
FSTs are designed to assess physical coordination and cognitive function but don’t account for various conditions that can affect performance. Relevant factors include injuries, disabilities, neurological disorders, and medication side effects. For example, a person with a leg injury might struggle with the Walk and Turn or One-Leg Stand tests, giving a false impression of impairment. Similarly, certain medical conditions can affect eye movement, potentially skewing HGN test results. Officers who fail to consider these factors may misinterpret results, leading to unwarranted DUI charges. It’s crucial for law enforcement to inquire about and consider any relevant medical conditions or physical limitations before administering FSTs.
Officers are trained that they must clear the individual medically and physically as an appropriate candidate for field sobriety testing before conducting such tests. For example, individuals over the age of 65 (previous manuals stated 60 years old) or being more than 50 pounds overweight likely invalidates the tests because such individuals inevitably are going to have balance and/or health issues that affect their performance on such DUI tests.
Mistake #5: Using Non-Standardized Tests
The National Highway Traffic Safety Administration has established three scientifically validated standardized field sobriety tests: Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT), and One-Leg Stand (OLS). Using non-standardized tests or modifying standardized ones can lead to unreliable and subjective results. Examples of non-standardized tests include reciting the alphabet backward, performing the finger-to-nose test, or picking up objects from the ground. These tests lack scientific validation and standardized procedures, making them unreliable indicators of impairment. Officers should stick to the validated, standardized tests to ensure consistency and reliability in their assessments.
The NHTSA specifically states that the non-standardized tests are unreliable tests in determining impairment. As such, the best DUI attorneys will routinely request the court to suppress such tests from evidence because evidence is only admissible if it is reliable. However, drug recognition experts (DRE) use non-standardized tests to establish drug impairment. There are still reasons to suppress DRE’s from using those tests for drug impairment because studies do not validate those tests. In fact, the original research that led to the three (3) standardized tests that are used today and discussed herein started off as six (6) tests. The other 3 tests were deemed unreliable and thus are now only used as non-standardized tests.
Your lawyer should always evaluate the reasons for why an officer conducted non-standardized tests. Officers are trained that after the one-leg stand they are to determine whether they have probable cause to arrest the individual for suspicion of DUI. Thus, when an officer conducts non-standardized tests, it is usually because they are questioning whether they had probable cause to arrest. Then, relying on unreliable tests to determine impairment after the fact should be scrutinized by your DUI lawyer carefully. The officer should be questioned about his decisions to establish a lack of probable cause and therefore also reasonable doubt.
How A DUI Attorney Can Challenge Field Sobriety Tests
When faced with DUI charges, it’s essential to have skilled legal representation to navigate the complexities of your case. A knowledgeable DUI attorney can make a significant difference in the outcome by identifying errors in the administration of field sobriety tests and advocating on your behalf. Here’s how an attorney can help:
- Analyze the Evidence: An experienced attorney will thoroughly review all aspects of your case, including the police report, video footage, and any other evidence. They will look for inconsistencies and procedural errors in the administration of field sobriety tests that could weaken the prosecution’s case.
- Challenge Improper Test Administration: If the officer failed to provide clear instructions, conducted the tests under poor conditions, or did not account for medical conditions, your attorney can argue that the test results are invalid. This can include questioning the officer’s training and adherence to standardized procedures.
- Highlight Environmental and Physical Factors: Your attorney will examine the environment where the tests were conducted and consider any physical or medical conditions that could have affected your performance. By presenting this information, they can challenge the reliability of the test results.
- Expose Officer Bias and Subjectivity: A good defense attorney will scrutinize the officer’s behavior and potential biases. They will highlight any preconceived notions or inconsistent scoring that may have influenced the test results.
- Utilize Expert Witnesses: In some cases, your attorney may bring in expert witnesses to testify about the limitations and inaccuracies of field sobriety tests. These experts can provide scientific and medical perspectives that challenge the prosecution’s evidence.
- Negotiate with Prosecutors: An experienced DUI defense attorney will have established relationships with local prosecutors and may be able to negotiate a plea bargain or reduced charges. Their familiarity with the legal system and local court procedures can be invaluable in achieving a favorable outcome.
- Defend Your Rights in Court: If your case goes to trial, your attorney will vigorously defend your rights in court. They will present a compelling case, cross-examine witnesses, and argue against the admissibility of improperly obtained evidence.
- Advise on Next Steps: Throughout the process, your attorney will keep you informed about your case’s progress and advise you on the best course of action. They will ensure you understand your rights and options at every stage.
Contact Barnes & Fersten Today
If you believe you’ve been unfairly charged due to errors in FST administration, it’s crucial to act quickly. At Barnes & Fersten, our experienced DUI defense attorneys are dedicated to protecting your rights and ensuring a fair legal process. Don’t wait – call us today at 865-805-5703 or fill out or contact form for a free consultation. Let us provide the expert legal representation you need and fight for the justice you deserve.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Roane County, Anderson County, and Cumberland County.
