How to Contest Field Sobriety Test Results

Table Of Contents

How Do I Contest Field Sobriety Test Results?

You contest field sobriety test results through a strategic legal defence. A defence challenges the validity and reliability of the tests themselves. A defence examines the police officer's conduct during the test administration. A defence also considers environmental factors present at the time of the test.
A defence collects all evidence related to the field sobriety test. A defence reviews dash camera footage. A defence reviews body camera footage. A defence obtains police reports. A defence interviews witnesses. A thorough defence forms the basis for challenging the test results in court.

What Are Deficiencies in Test Administration?

Deficiencies in test administration challenge the police officer's adherence to proper procedures. Police officers follow specific guidelines for administering field sobriety tests. Deviations from these guidelines compromise the test results. A defence highlights these procedural errors.
A police officer provides clear instructions for each field sobriety test. A police officer demonstrates each test correctly. A police officer observes the test subject for specific cues of impairment. A defence reviews the police officer's actions against established protocols.

How Do Environmental Factors Contest Field Sobriety Test Results?

Environmental factors contest field sobriety test results because environmental factors affect a test subject's performance. Poor lighting conditions make a test subject's visibility of lines on the road difficult. Uneven surfaces affect a test subject's balance. Inclement weather conditions impact a test subject's performance.
The presence of passing vehicles creates distractions for a test subject. Roadside noise affects a test subject's concentration. A defence argues that these environmental factors influenced the field sobriety test results. A defence asserts that these factors, not impairment, caused poor performance.

How Does a Medical Condition Affect Test Results?

A medical condition affects test results by impairing a test subject's physical abilities. Certain medical conditions, such as inner ear disorders, cause balance problems. Foot or leg injuries hinder a test subject's ability to perform walking tests. Neurological conditions affect coordination.
A defence presents medical documentation. A defence shows that a pre-existing medical condition explains the poor field sobriety test performance. A defence argues that the field sobriety test results do not accurately reflect impairment. A medical expert provides testimony regarding the condition.

Which Witness Testimony Supports a Defence?

Witness testimony supports a defence by providing an independent account of the events. A passenger in the vehicle observes the police officer's conduct. A passenger observes the test subject's performance during the field sobriety tests. A witness offers a perspective different from the police report.
A witness identifies environmental factors present at the scene. A witness confirms the test subject's sobriety before the traffic stop. A witness's statement corroborates the defence's claims. A witness's testimony strengthens the overall case against the field sobriety test results.

What Are the Legal Challenges to Field Sobriety Tests?

The legal challenges to field sobriety tests include questioning their scientific validity. Field sobriety tests are subjective measures of impairment. The tests lack the scientific rigor of blood or breath tests. A defence argues that the tests are unreliable indicators of intoxication.
A defence also challenges the police officer's qualifications to administer the tests. A police officer must receive proper training. A police officer must maintain certification. A defence investigates the police officer's training records. A lack of proper training weakens the test results.

FAQS

What is the primary goal of contesting field sobriety test results?

The primary goal of contesting field sobriety test results is to demonstrate the test results are unreliable. The defence aims to show the test results do not accurately reflect impairment. This strategy weakens the prosecution's case significantly.

How quickly should I act to contest field sobriety test results?

You should act quickly to contest field sobriety test results. Time is of the essence for collecting evidence. Time is also important for preserving witness testimony. Prompt action increases the chances of a successful defence.

Do field sobriety tests have a pass or fail score?

Field sobriety tests do not have a definitive pass or fail score. Police officers observe specific cues of impairment. The interpretation of these cues is subjective. This subjectivity forms a basis for challenging the test results.

Can my appearance affect field sobriety test results?

Your appearance can affect field sobriety test results. Clothing choices, footwear, and physical injuries impact performance. A defence uses these factors to explain poor test performance. The defence argues appearance, not impairment, caused the issues.

Are field sobriety tests mandatory to perform?

Field sobriety tests are not mandatory to perform. You have the right to refuse these tests. Refusal of field sobriety tests often carries no direct legal penalty. Refusal removes a piece of evidence from the prosecution's case.

Related Links