Mistakes Can be Made When Performing Field Sobriety Tests.

A police officer can pull your vehicle over for minor traffic violations, like speeding or weaving in and out of a traffic lane. If the officer believes you’re operating your vehicle while under the influence of alcohol, they might ask you to complete one or more field sobriety tests. However, you may have valid reasons to avoid taking these tests.

If you currently have pending criminal OWI charges, it is essential that you have experienced legal representation in your corner right away. At Cohen Law Offices, we can review the circumstances of your criminal OWI charge and arrest with you and determine if you’re eligible to raise a legal defense to your charge in court.  

To find out more about how we could help defend you against your pending criminal OWI charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What are Field Sobriety Tests?

The purpose of a field sobriety test is to determine if law enforcement believes they have probable cause to arrest a person for an OWI. The three standardized field sobriety tests developed by the National Highway Traffic Safety Administration (NHTSA) include the following:

·        Horizontal Gaze Nystagmus Test

·        Walk and Turn Test

·        One Leg Stand Test

When a police officer suspects that an individual has been drinking and driving, they may request that the driver perform one or more of these tests near the side of the road or a short distance away from the traffic stop. In order to be accurate, these tests need to be performed in a certain way, and police officers often make mistakes when administering them. If they made mistakes in your case, it may be an issue that can help in your defense.

What Role Does the Police Officer Play? 

If a police officer stops you and asks you to perform a field sobriety test, they will administer the test to you and then determine if there is probable cause to arrest. However, when additional police officers review your test via video, they might reach a different conclusion. This may lead to an issue at trial where you may have an expert testify to the poor administration of the field sobriety tests by the arresting officer. Moreover, the police officer who actually initiated your traffic stop and administered the test to you may write an inaccurate report, which may provide opportunities to defend your case.

Possible Legal Defenses to Poor Field Sobriety Test Results

Some drivers suffer from physical conditions and disabilities that prevent them from completing a field sobriety test accurately – even if sober. For example, a driver may have feet issues or balance problems, preventing them from performing the Walk and Turn Test accurately. Similarly, an eye illness may cause an inaccurate result on the Horizontal Gaze Nystagmus Test. Finally, weather conditions, lighting, and other environmental factors may affect a driver’s field sobriety test performance. In addition, any mistakes that officers make when performing the tests may result in options for defending your case.

Call Cohen Law Offices Today

If you have been arrested for drunk driving, it’s imperative that you contact an experienced Eau Claire criminal defense lawyer today. For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online to learn more.