If you get arrested and charged with DUI, you have the right to challenge the results of any field sobriety tests that were conducted. However, it’s important to note that challenging the results of a field sobriety test is not easy, but you can improve your chances of success by taking certain steps.
Probable cause
Usually, a field sobriety test is given to an individual after they have exhibited signs of intoxication. Therefore, the first step in challenging the results of a field sobriety test is to determine whether the officer had probable cause to administer the test. If no reasonable suspicion existed that you were under the influence, then your attorney may be able to suppress any evidence obtained as a result of the testing.
Test accuracy
The DUI test is administered under specific conditions and must get conducted in a standardized manner. Therefore, you can challenge the accuracy of the results if they believe that the officer failed to adhere to proper protocols when administering the test. One of the biggest ways to challenge the accuracy is to demonstrate that the officer failed to inform you of your rights prior to administering the test.
Improperly interpreted results
An officer conducting a field sobriety test may not interpret the results correctly. Sometimes, officers may rely on a subjective opinion when evaluating the results of the test. For example, an officer may determine that a person failed to walk heel-to-toe during one of the tests when, in fact, they passed.
Lack of experience and training
In some cases, officers who conduct field sobriety tests may lack proper training or experience, which can lead to exaggerated results. If you can prove that the officer who gave the test did not have sufficient training or experience, then you may be able to challenge their conclusions.
When you challenge the results of a field sobriety test, the court may decide to disregard any evidence that was obtained as a result of the testing. This could have an impact on your case, so it’s important to make sure that you take steps to challenge any inaccurate or unreliable evidence.
