Can You Challenge Field Sobriety Tests In A DUI Case?

If you were charged with DUI after failing field sobriety tests, you might feel like you don't have any chance of beating the case. The truth is that you may have several options for challenging field sobriety tests.

Constitutional Violations 

Police can't just decide to give anyone field sobriety tests. You have the right to be free from unreasonable searches and seizures.

Before the police can pull you over, they have to have probable cause that you committed a traffic violation or a crime. They can't pull you over just because you were driving near a bar. The police can use even small reasons like not using your turn signal when no one else is around to stop you, but in a lot of cases, they don't even find a small reason.

If the police didn't have a valid reason to stop you, they usually can't use any evidence from that illegal traffic stop against you. That can include the failed field sobriety tests that led to your DUI charge. If they can't use the evidence, the case has to be dismissed.

Incorrect Test Procedures

When the police do field sobriety tests, they have to follow very strict procedures. Each test is carefully designed for accuracy and fairness.

The police should always follow the exact same steps for every test. They also need to give the instructions the same way to every person.

When police officers don't follow the procedures, it creates a risk of causing the test to not be accurate. You might be confused by the instructions, or the improperly modified test might not work as intended.

Improper field sobriety tests aren't usually enough to get a case thrown out on their own, but they can remove much of the evidence against you. Once the jury sees the tests were inaccurate, they'll be less likely to believe other evidence and more likely to decide you're not guilty of DUI.

Other Explanations for Failing

You could also have other reasonable explanations for failing the field sobriety tests. You might have a bad balance or other physical impairments. You could also have been nervous, on medication, or have any other reason for doing poorly.

Field sobriety tests don't automatically mean that you were drinking. It's just hard for people who are drunk to pass them. If you have another reason for failing, your DUI lawyer can argue that to the jury at trial.

To learn more, consult a DUI lawyer today.