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What Is a Field Sobriety Test?
A field sobriety test is a series of physical and mental tasks that police officers use to see if a driver may be impaired. These tests are usually given at the scene of a traffic stop when an officer suspects someone of driving under the influence. There are three main parts to the field sobriety test: the Horizontal Gaze Nystagmus test, the Walk and Turn test, and the One Leg Stand test. Each part is meant to measure a person’s balance, coordination, and ability to follow directions. Police officers look for signs of impairment during these tests, such as wobbling, stumbling, or losing balance. The Horizontal Gaze Nystagmus test involves the officer moving an object, usually a pen or small flashlight, in front of the driver’s face. The driver is asked to follow the object with their eyes without moving their head. The officer looks for jerking or other involuntary movements of the eyes, which may indicate impairment. The Walk and Turn test involves walking in a straight line, turning, and walking back. The One Leg Stand test requires the driver to stand on one leg and count until the officer tells them to stop. If the driver loses balance or cannot complete these actions, it may be taken as a sign of impairment.Why Field Sobriety Tests Can Be Unreliable
Field sobriety tests are not perfect and can be unreliable for many reasons. Physical abilities, medical conditions, age, and even anxiety can affect a person’s ability to complete these tests successfully. For instance, a person who has issues with balance, such as someone with an inner ear problem, may struggle with the One Leg Stand or Walk and Turn tests even if they are completely sober. People who are nervous or scared may also have trouble following the instructions correctly, which could lead to failing the test.
Challenging the Horizontal Gaze Nystagmus Test in Court
The Horizontal Gaze Nystagmus test can be challenged in court based on medical issues, environmental factors, or even errors made by the officer. Certain medical conditions, such as a lazy eye or nervous system disorders, can cause unusual eye movements that resemble those of an impaired person. If a person has one of these conditions, they might appear to fail this test even if they are not under the influence. In court, you can present medical evidence showing that you have a condition affecting your eyes. An experienced lawyer may also argue that the officer did not perform the test correctly. Police officers must follow specific steps when administering the test, and any deviation from these steps can lead to an incorrect result. By proving that the test was done improperly, you can cast doubt on the accuracy of the officer’s observations.Challenging the Walk and Turn Test in Court
The Walk and Turn test is another field sobriety test that can be questioned in a DUI case. This test requires a lot of physical coordination, which may be challenging for some people even when they are not under the influence. Health issues like joint pain or muscle weakness, along with any physical disabilities, can make it difficult to walk in a straight line without stumbling. In court, you can challenge the results of this test by providing medical records that demonstrate physical issues affecting your coordination or balance. Additionally, your lawyer might argue that the test was conducted in poor conditions. For example, if the ground was uneven, slippery, or dark, it would be reasonable to say that these conditions impacted your performance. If the officer failed to account for these factors, the test’s accuracy could be questioned. An officer’s instructions are also crucial because unclear or confusing instructions can cause a sober person to fail. If your lawyer can prove that the instructions were unclear, the results of the test may be dismissed in court."He has an innate ability to convey to clients what really matters in their cases."
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Challenging the One Leg Stand Test in Court
The One Leg Stand test is particularly challenging because it requires both physical balance and mental focus. Many people, including those who are sober, have difficulty with this test due to factors such as age, physical condition, and even weather or surface conditions. If you have a medical condition affecting your balance or have physical limitations, this test may not reflect your true level of sobriety. In court, you can challenge this test by providing evidence that explains why you could not stand on one leg without stumbling. For example, if you have arthritis, back pain, or any other condition that affects your ability to balance, you can show that these factors impacted your performance. An experienced lawyer might also argue that the test was conducted in a way that made it unfair. If the officer did not allow for reasonable accommodations, such as a steady surface or time to prepare, it can cast doubt on the reliability of the test. By showing that the test was influenced by factors unrelated to alcohol consumption, you may be able to reduce or dismiss your charges.Proving That Field Sobriety Tests Are Subjective
One of the most effective ways to challenge field sobriety tests in South Carolina is to prove that they are subjective. Unlike blood or breath tests, field sobriety tests depend heavily on the officer’s judgment. Two different officers might reach different conclusions from observing the same behavior. This subjectivity can lead to unfair results, especially if the officer has already formed an opinion that the person is impaired.Related Videos
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