Are their options for challenging a failed field sobriety test?

On Behalf of | Oct 19, 2021 | Drunk Driving |

A failed field sobriety test can lead to drunk driving charges and drunk driving charges can lead to significant potential penalties and consequences for accused drivers. For that reason, drivers who have been accused of driving under the influence should be familiar with possible options for challenging a failed field sobriety test and their criminal defense options.

Options for challenging a field sobriety test

There are several different options for challenging a field sobriety test including:

  • Problems with the field sobriety test – there are generally three field sobriety tests that may be administered to the accused driver including the horizontal gaze nystagmus test, the walk-and-turn test and the one-leg stand test. Studies have shown that even when these tests are performed properly, they are only 81% to 91% accurate at indicating intoxication which may be a reason they are challenged but the accused driver.
  • The field sobriety test was administered improperly – the National Highway Traffic Safety Administration sets guidelines for how field sobriety tests should be administered. If the arresting officer was not properly trained, or did not follow their training, when administering the test, it may be possible to challenge it.
  • The driver’s mental or physical condition was not taken into account – there are different physical and mental health conditions that can impact the results of a field sobriety test and if they are not considered when the test is administered, it may be possible to challenge the test results on that basis.

Drunk driving charges can be damaging personally and professionally to accused drivers which is why they should be familiar with ways to defend themselves against operating a vehicle under the influence (OVI) charges. Challenging a failed field sobriety test that led to drunk driving charges may be one way of doing that.