If you got pulled over for driving under the influence (DUI) in Nashville, you were probably asked to perform a field sobriety test. One of the components of DUI investigations are field sobriety tests, which ancertain drivers claim are not proper scientific tests. If these tests are unfair, knowing the information and having a dui lawyer Nashville on your side can assist contesting the evidence that is unfairly stacked against you.
Field sobriety test (FSTs) assist in determining impairment of the sober person being tested by alcohol or drugs. The sad thing is that all tests have their weaknesses. There is always room for error due to many factors that influence how accurate the tests are, including how the test is conducted as well as how the chemicals in the body are metabolized. This article will describe how some of the telephone rest of DUI lawyers and attorneys in Nashville bail out clients from unreasonable field sobriety tests and other legally offensive actions.
Understanding Field Sobriety Tests
Field sobriety tests are both physical and mental activities which an officer must complete in order to assess the possible basic function impairment which would be caused by the use of alcohol or drugs by a driver. Some common field sobriety tests include:
- The Horizontal Gaze Nystagmus (HGN) Test: For this test, the participant is required to follow whatever the examiner is holding (such as a flashlight or a pen) to observe whether their eyes display any form of lateral jerking movement as they follow the object. Some people argue that the jerking movements could mean intoxication.
- The Walk-and-Turn Test: This test consists of instructing an individual to walk in a straight line placing one foot in front of the other toe to heel, after reaching the end of the line the individual is to be instructed to turn and return to the starting point. The distance covered is used to check balance, coordination as well as concentration of the individual.
- The One-Leg Stand Test: In this test, an individual is required to balance on one leg, while they are required to maintain balance they must count out loud and follow instructions given.
While these tests are designed to assess your physical and cognitive abilities, dui lawyers nashville tn understand that they aren’t foolproof. Many factors, such as medical conditions, age, weight, and even weather conditions, can influence your ability to perform well on a field sobriety test. That’s why challenging these tests is a critical part of a DUI defense strategy.
Why Field Sobriety Tests Can Be Unfair
A variety of issues exist that can make field sobriety tests unfair or inaccurate. Unraveling these problems is essential to grasping the scope of a Nashville DUI lawyer’s expertise.
- Poor Test Administration
Field sobriety tests are supposed to be conducted by law enforcement in accordance with the procedures established by the NHTSA. A number of officers do not abide by these processes and this results in inaccurate sobriety test results. For example, the Walk-and-Turn test must be administered on a flat and non-rough surface and there has to be ample space. If an officer does not give these conditions, then the test becomes equitable and unreliable. - Medical Conditions and Physical Disabilities
Some medical issues like inner ear complications or some types of neurological disease can make it easy to achieve and maintain balance. In other words, having such medical problems can be quite disabling even without alcohol in one’s system. Some people are physically disabled, elderly, suffer from arthritis, or simply wear high heels, all of which can make it exceedingly difficult to accomplish a field sobriety test. These are the kinds of conditions drug lawyer nashville are most proficient in proving in order to contest the results of the sobriety tests. - Environmental Factors
A person’s performance in a field sobriety test might be affected by the weather or the place where the test is conducted. For instance, when the test is administered on a slippery or uneven surface, a person’s balance and coordination will be affected, even if they are sober. A person’s ability to concentrate can also be compromised due to noise, low light, or other distractions, making it more difficult to take the test accurately. - Fatigue and Stress
Being stopped on the road by the police can be stressful, and performing physical tasks in response to questions can add more. Anxiety can easily cause someone to not focus and therefore make them unable to do the simple movements required whether or not they have consumed alcohol. As DUI attorneys in Nashville know, anxiety and distress can have a negative influence on a driver’s performance on these tests, and they are more than capable of using it to aid in their clients’ defenses.
How DUI Lawyers in Nashville Challenge Field Sobriety Tests
Because of the numerous problems that can arise from field sobriety tests, Nashville DUI lawyers will thoroughly review how the arrest and the testing was done. Some of the tactics that they employ to dispute unjust or erroneous outcomes are the following:
- Questioning the Officer’s Conduct
An Nashville DUI attorney will argue that his or her client should be acquitted of the charges if the officer administering the field sobriety tests failed to do so in accordance with the guidelines. In analyzing the circumstances of the stop and subsequent testing, the defense will evaluate if there were violations of the standard operational procedures. Any mistakes or lapses may cast doubt on the test results. - Highlighting Medical and Physical Conditions
As previously discussed, some people may have specific medical or other physical conditions, which makes it harder for them to perform field sobriety tests. Competent DUI legal counsel in Nashville will procure medical documentation or other expert evidence that will prove that you did not get the results you had because of alcohol, but because of something else. Such evidence can greatly damage the prosecution’s case. - Attacking the Reliability of the Test Results
There’s a possibility that sobriety tests may not be reliable signs of impairment, even when they are performed correctly. Lawyers for DUIs in Nashville may say that the tests are not conclusive and that fatigue, stress, and environmental conditions are only a few of the factors that could contribute to subpar performance. A lawyer’s vivid illustration of the subjective quality of field sobriety tests further supports the claim that they cannot be used to prove a DUI beyond reasonable doubt. - Requesting Expert Testimony
Some Nashville DUI attorneys may elicit the testimony of other witnesses, such as medical doctors and accident reconstructionists, to explain how certain physical conditions or environmental factors can affect a person’s performance on field sobriety tests. This testimony creates a reasonable doubt concerning the validity and impartiality of the results which renders the testimony useful.
Conclusion
single glance at non-alcoholic drinks at the bar raises the question of whether a person has actually consumed alcohol. There are many reasons most non-alcoholic drinks served at a bar are unfair, including several medical issues, physiological concerns, and to a certain extent lack of skillful enforcement. There exists a reason why skilled Nashville DUI attorneys have been known to turn these sobriety tests into a mockery of themselves. If you have or have not been arrested for DUI, you need to worry about field sobriety tests. Make it a point to consult a competent Nashville DUI lawyer post haste.
It is critically important that your lawyer, skilled as they will otherwise need to be, does not miss out on anything right in front of their eyes. While weighing all of the evidence against your case, the decision to toss out the flawed evidence is imperative. Accomplishing these tasks increases the chances of a desirable conclusion. To get in touch with a DUI attorney, go to Nashville Criminal Defender’s page. Always remember: your future is worth something, don’t make your life harder than it has to be and let the attorney carry the appropriate legal weight in your battle.
