A Leading, Award-Winning Law Firm In North Carolina

Providing Strong Defense And Representation

Field sobriety tests might be disputed in a drunk driving case

On Behalf of | Oct 26, 2018 | DUI Defense |

One of the primary components of a drunk driving stop is the field sobriety test. The officer who conducts this test will either perform a standardized field sobriety test or a nonstandardized test. The difference between these two is that the standardized test has been accepted by the National Highway Traffic and Safety Administration (NHTSA).

There are specific components to the standardized field sobriety tests that are done to determine if a driver is under the influence of any drug or alcohol. These include the horizontal gaze nystagmus test, the walk-and-turn and the one-leg stand. The officers who conduct these tests are specially trained to ensure that they are reading the results properly.

This doesn’t mean that you don’t have options you can use to call the results of these tests into question if you are arrested for a drunk driving offense. There is a chance that the officer will not determine the correct result. For example, a person who has a brain injury might not be able to do the one leg stand, the horizontal gaze nystagmus test might give incorrect results and they may be unable to successfully complete the walk-and-turn.

When all three facets of the standardized field sobriety tests are put together, they are said to accurately determine impairment of drivers in 91 percent of cases. If some explanations that are present for the false positives are accepted, that percentage would increase to 94.

if you are facing a drunk driving charge that is based at least in part on the standardized field sobriety test, try to remember each aspect of what occurred during the test. This might help you formulate your defense.