How a DUI Attorney Can Attack Field Sobriety Tests
A DUI (Driving Under the Influence) attorney may employ various strategies to challenge field sobriety tests (FSTs) in order to build a defense for their client. It’s crucial to consult with an attorney familiar with local regulations. Here are some common ways a DUI attorney might attack field sobriety tests:
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162. I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Eighty Percent (80%) of my trials.*
Improper Administration: The attorney may question whether the field sobriety tests were administered correctly. FSTs must be conducted according to established guidelines, and any deviation from the standardized procedures could impact the accuracy of the results.
Environmental Factors: The attorney may argue that external factors, such as poor weather conditions, uneven terrain, or inadequate lighting, could have affected the individual’s performance on the field sobriety tests. These factors can create challenges for any driver, regardless of their sobriety.
Physical Limitations or Medical Conditions: Individuals with certain physical or medical conditions may have difficulty performing certain tasks required in field sobriety tests. An attorney might argue that their client’s performance was compromised due to factors unrelated to alcohol impairment.
Lack of Standardization: Field sobriety tests are intended to be standardized, meaning that they should be administered in a consistent manner. If there is evidence of non-standardized testing or if the officer deviated from established protocols, an attorney may use this as a basis for challenging the validity of the tests.
Officer Bias or Subjectivity: Field sobriety tests often involve subjective assessments by the arresting officer. An attorney may argue that the officer’s bias or preconceived notions about the driver’s impairment may have influenced the evaluation, leading to an inaccurate determination of intoxication.
Inadequate Training of the Officer: The attorney may question the training and qualifications of the officer who conducted the field sobriety tests. If the officer was not properly trained or if their training was outdated, it could be argued that the results are less reliable.
Alternative Explanations for Poor Performance: A DUI attorney may present alternative explanations for poor performance on field sobriety tests, such as fatigue, anxiety, or nervousness. These factors can affect a person’s ability to perform tasks even when they are not under the influence of alcohol.
It’s important to consult with a DUI attorney who can assess the specific details of the case and determine the most effective defense strategy based on the circumstances. Keep in mind that challenging field sobriety tests is just one aspect of building a comprehensive DUI defense. Other factors, such as the validity of the traffic stop and chemical test procedures, may also be considered in crafting a defense strategy.
If you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Mike Now at: (508) 393-4162.