Ft. Walton Beach, Florida Drunk Driving Attorney
Field sobriety tests are used to determine if an officer has probable cause to arrest a person suspected of drunk driving. The test involves asking a suspect to perform different physical tasks to see if he or she exhibits behavior that, in the judgment of the officer, indicates impairment. Unfortunately, in the field, an officer essentially acts as judge and jury: he conducts the test and judges whether or not there is enough "evidence" to arrest you.
Additionally, field sobriety tests are, in a real sense, designed to ensure failure. Even sober, most people - or a substantial subsection of the population - would have difficulty walking toe-to-toe, balancing on one leg or touch their nose with the tip of the index finger.
At the law office of criminal defense attorney Tim Flaherty, I understand how to challenge sobriety tests and the actions and judgments of officers who administer them. To schedule a free consultation to discuss your DUI arrest, contact DUI lawyer Tim Flaherty today
Conducting the Field Sobriety Test
Officers receive instruction in how to administer a field sobriety test. There are accepted, standard procedures that must be followed when conducting a field sobriety test. If an officer incorrectly administers a sobriety test in the field, the arrest which it is based upon, should be overturned and the charges against a suspect, dismissed. In many cases, dashboard camera footage exists which allows me to determine if an officer violated standard procedures in administering a sobriety test.
What can go Wrong in a Field Sobriety Test
According to the National Highway Traffic Safety Administration's "DWI Detection and Standardized Field Sobriety Testing Student Manual," a clean, dry, level surface must be used to conduct a sobriety test. Additionally, there are NUMEROUS instructions for what to do if a suspect puts a foot down, hops on one foot momentarily, or moves his arms up and down 6 or more inches in order to maintain balance. Inner ear problems, back injuries, fatigue, or simple coordination problems are not taken into account.
As a result, experts have questioned the reliability of sobriety tests for determining probable cause. In one study, "Field Sobriety Tests: Are They Designed for Failure?", by S. Cole & R.H. Nowaczyk in Perceptual and Motor Skills, Vol. 79, 21 people with a blood alcohol level of 0.00 were filmed performing on the field sobriety test. Officers who viewed the tapes believed 46% of the test subjects had had too much to drink. This indicates the degree to which a field sobriety test can be less than reliable.
Contact Drunk Driving Defense Attorney Tim Flaherty Today
If you've been arrested on suspicion of drunk driving, contact DUI defense attorney Tim Flaherty today to schedule a free consultation to learn how I can help you.
