In every OVI case that our firm handles, our OVI attorneys are looking for any legal defense to challenge the evidence against our clients. One of the most common challenges is to attack the administration, evaluation, and instruction of the field sobriety tests. There are many misconceptions about standardized field sobriety testing, and it goes well beyond how someone “looks” on video. Below are the components we look for when challenging field sobriety tests.
Administration of the Field Sobriety Tests
Law enforcement officers are trained to administer field sobriety testing. The National Highway Traffic Safety Administration (NHTSA) Manual outlines the concepts and principles of standardized field sobriety tests (SFSTs). Officers are trained to administer the SFSTs to individuals whom they suspect are impaired by alcohol and/or drugs. These specific exercises are designed to flag physical and cognitive decline; according to the National Highway Traffic Safety Administration (NHTSA), with a BAC of .08, muscle coordination, judgment, and reasoning become impaired. The three standardized tests include the Horizontal Gaze Nystagmus test, Walk and Turn test, and One Leg Stand test.
Each of the three tests comes with its own set of instructions and how to properly administer the three SFSTs. If there is any deviation in the administration of the three tests, an officer’s evaluation of an individual’s performance on the test is flawed and is subject to challenge. For example, the HGN test requires that an Officer move the stimulus across a subject’s field of vision at a certain speed. An officer moving too fast or too slow can impact the clues that the officer is looking for. Our OVI attorneys know exactly what to look for in reviewing the administration of the tests on video to challenge the admissibility of the test result. If successful, the results of the test cannot be used against our client.
Evaluation of the Field Sobriety Tests
After completing the SFSTs, an officer is required to document the clues that they observed when administering the test. That is considered an “evaluation” of a subject’s performance. We don’t take an officer’s word for it; we evaluate our client’s performance ourselves. Utilizing the NHTSA Manual, we look at the clues that the officer is alleged to have observed. If we believe that the evaluation is in any way inaccurate or not supported by the evidence, we challenge the evaluation of the SFSTs.
One other component to the evaluation is whether or not our client would be able to complete the SFSTs, taking into consideration their weight, age, and physical abilities. The NHTSA Manual itself indicates that individuals over 65 years of age, people with back, leg or inner ear problems, or people who are overweight by 50 or more pounds may have difficulty performing the One Leg Stand test, for example. With all of that in mind, there are many ways that our OVI attorneys can challenge the field sobriety testing in your case. In our representation of you, we leave no stone unturned.
