The roadside tests for driving under the influence are well-known. However, what most people do not know is that these tests are vulnerable to attack and even defeat. There are many problems with these tests that an experienced attorney can uncover and use to fight driving under the influence (DUI) and operating a vehicle under the influence (OVI) charges.
Successfully challenging these results can make the difference between a conviction and an acquittal. As an attorney, I can help you understand your rights when it comes to field sobriety tests in Athens.
If you have been arrested for DUI, you have probably seen the drill. The police pull you over under suspicion for driving intoxicated and they make you go through the tests: Walk and Turn, One-Leg Stand, and the Horizontal Gaze Nystagmus (HGN) (follow an officer’s finger while he moves it side to side). Collectively, these three tests are known as field sobriety tests. Although these tests seem very official and important at the time, the administration of these tests can be problematic and an experienced lawyer can often defeat these tests in court.
While these tests were designed to objectively evaluate a person’s balance and coordination, there are numerous factors that can lead to a false positive. Drivers with foot injuries or improper footwear could struggle with the walk and turn test. Individuals with inner ear issues may not be able to balance on one foot.
Another major issue is that the accuracy of these tests requires the officer administering them to administer them correctly. All too often, police officers will ask a motorist to submit to these tests in conditions where they cannot be reasonably completed. In cases where the police fail to give correct instructions, it becomes impossible for the motorist to complete each step correctly.
There are consequences that come with refusing a breath test after being arrested under suspicion of OVI. What many people do not realize is that these same penalties don’t apply to standardized field sobriety tests. Despite this reality, many law enforcement officers will act as if they are mandatory. Many people suspected of OVI put their freedom in jeopardy by submitting to inaccurate tests that they were never obligated to perform in the first place.
Given the risks of false positives, there is not a good reason to submit to these examinations. The police will often make an arrest based solely on the field sobriety test results, even though a factor other than impairment is to blame.
In addition to more than 25 years of experience as a criminal defense lawyer, I am certified by the National Highway Traffic Safety Administration (NHTSA) in the administration of field sobriety tests. I have the same certification as most law enforcement officers who make OVI arrests. This in-depth knowledge of the field sobriety tests allows me to accurately assess and interpret your performance on the tests as well as find mistakes the officer may have made in the administration of these test.
Most important, my NHTSA certification and understanding of field sobriety tests provides me with the knowledge and ability needed to effectively cross-examine the officer at trial and win the case.
There are also tests — similar to the standardized field sobriety tests — that are used to determine whether someone is intoxicated on marijuana or other drugs. In these cases, a Drug Recognition Expert (DRE), usually a state trooper, administers a 12-step protocol that includes both the standard field sobriety tests plus additional tests (such as the Romberg or “estimate 30 seconds test”) as well as other physical and mental evaluations.
When left unchallenged, the results of standardized field sobriety tests can be devastating to your defense. The good news is that we understand how to show juries just how unreliable these examinations really are. We look forward to the chance to represent you and challenge the results of field sobriety tests in Athens OVI cases.
I know how to examine the record and uncover any problems to strengthen my clients’ cases. Call now.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
