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Is it possible to challenge a field sobriety test?

On Behalf of | Jan 18, 2022 | DUI |

Field sobriety tests can lead to drunk driving charges which requires accused drivers to know when they may be able to challenge the results of a field sobriety test. It can help them challenge the drunk driving charges they are facing.

Ways to challenge field sobriety tests

There are several methods for challenging field sobriety tests including:

  • There are flaws with the test – there are typically three different types of field sobriety tests including the horizontal gaze nystagmus test; the walk and turn tests; and the one-leg stand test. It may be possible to point out flaws in the test and some studies show that even when the tests are performed properly, they are only 81% to 91% reliable at determining intoxication.
  • Test not performed correctly – the National Highway Traffic Safety Administration sets standards for how the field sobriety tests should be administered. If they are not administered according to those standards, it may be possible to challenge them on that basis. In addition, if non-standard tests are performed, it may be possible to challenge them as well.
  • The driver’s condition not considered – the driver may have a physical or mental medical condition that needs to be taken into account because it can impact the outcome of the test. Physical or menta medical conditions that may impact the results of a field sobriety test can include an inner ear infection or condition; a neurological injury; or a skeletal or movement disorder.

Field sobriety tests can be a significant component of a drunk driving charge. For that reason, when drivers end up facing DUI charges following a field sobriety test, it is important for them to know how to challenge them.