Innocent Reasons You Failed Your Field Sobriety Tests
Police use field sobriety tests as an investigative tool when they suspect a driver is intoxicated. The most common tests include the Horizontal Gaze Nystagmus test, the Walk and Turn, or the One-Leg Stand.
If you fail any of these tests, then the police will likely arrest you and ask for a breath sample. At the office of Michael W. Modica, we know that there are innocent reasons why people fail these tests, and we can poke holes in this evidence. A Wilmington DUI defense lawyer explains more below.
The Horizontal Gaze Nystagmus Test
This test involves an officer pointing a light at your eye and moving it horizontally at various speeds. The officer is looking for whether the muscles in your eye “jerk” as you follow the light. The lack of smooth pursuit is one of the hallmarks of intoxication.
But there might be innocent reasons why you “fail” this test. For example, you might have a medical disorder which causes nystagmus. An officer will not be able to properly diagnose whether your nystagmus is pathological because he or she does not have the correct medical training.
Furthermore, the test is subjective. What is “smooth pursuit” or “jerking”? An officer might lack sufficient experience with this test.
The One-Leg Stand Test
Another common field sobriety test is to ask a driver to stand on one leg. The reasoning is that alcohol will impair balance, so an intoxicated motorist is more likely to keel to the side.
However, there are some common reasons why people cannot balance on one leg. As we age, it is common to lose balance, so an older driver could more readily need to put a second foot down. Furthermore, fatigue or nervousness could make a person unsteady.
The Walk-And-Turn Test
Another common test is to ask a motorist to walk in a straight line, putting heel to toe, before turning and walking back. The officer then judges how easily a person can perform this task. A person who cannot walk straight might be intoxicated due to loss of visual perception and/or inability to maintain balance. They might need to wave their arms around to balance or even step off the line.
But there are innocent reasons for failing this test as well. For example, an officer could ask you to walk on a line as traffic whizzes by only feet away. Many motorists are nervous they might get hit. Fatigue can also contribute to difficulty placing your heel in front of your foot.
If it is cold, then a motorist will naturally perform less well as the test wears on and their body starts to shake. A motorist’s feet could be frozen as well.
Contact a Wilmington DUI Lawyer for Help
A DUI arrest does not need to result in a conviction. Instead, it is possible to get charges dismissed or to win acquittal. Attorney Michael W. Modica has won countless DUI cases and brought others to a favorable resolution. Contact us today to schedule a free consultation.
Source:
verywellmind.com/field-sobriety-test-67159
