Peace officers utilize field sobriety tests to help establish probable cause for making a DUI arrest. Often times the peace officer will have already determined if an arrest is to be made prior to asking the suspect to perform the field sobriety test. Since field sobriety tests are voluntary, an experienced DUI defense attorney would advise that the tests be politely declined. Results of poor performance on the tests are often used as additional evidence to support an arrest for driving under the influence.
The following is a list of field sobriety tests that are often administered to gauge a suspect’s level of impairment: horizontal gaze nystagmus, walk and turn, one leg stand, rhomberg, hand pat, finger to nose, and fingers to thumb. It should be noted that the National Highway Traffic and Safety Administration (NHTSA) has only regulated three standardized field sobriety test (SFSTs): the horizontal gaze nystagmus, walk and turn, and one leg stand. The results of standardized field sobriety tests can be challenged both in Court and at the APS hearing by a skilled DUI defense attorney for a number of reasons including but not limited to: improper administration, uneven surface, poor lighting, weight, age, shoes, and medical conditions.
Improper administration of the standardized field sobriety tests is a key factor to rendering the results unreliable. A DUI attorney who has been qualified by NHTSA to administer standardized field sobriety tests will be able to effectively challenge the results by raising the question of reliability. Attorney Kellee Parker, the DUI Professor, has been qualified by NHTSA to administer the standardized field sobriety tests; thus, can call into question the matter in which the tests were administered. For a full case evaluation call the DUI Professor today!