Inaccuracy of Field Sobriety Testing

DUI Defense Lawyer in Tampa

Field sobriety testing is an important part of any DUI case. These tests may be used to establish “probable cause” that a driver is intoxicated, allowing a police officer to make an arrest for DUI and therefore ask the driver to submit to breath or blood testing to determine his or her blood alcohol concentration. The outcome of field sobriety tests may also be used as evidence against a driver in proving that his or her abilities were impaired, one of the ways a driver may be guilty of driving under the influence in Florida.

At Thomas & Paulk, our Tampa DUI defense law firm understands the important role that field sobriety tests play in our clients’ drunk driving charges. That is why we take care to remain up to date regarding the proper administration and grading of these tests. Our experience in challenging field sobriety tests enables us to effectively cross-examine the arresting officer who administered the tests and prove that they are inaccurate whenever possible. With a DUI lawyer from our law offices to handle your case, you can rest assured that we will explore every angle of the evidence against you to determine how to fight your charges.

Are field sobriety tests accurate?

We’ve established that field sobriety tests are important, but are they accurate? Can they really prove that a driver is “under the influence” of alcohol? The National Highway Traffic Safety Administration (NHTSA), an agency of the U.S. Department of Transportation, oversaw research that resulted in the development of Standardized Field Sobriety Tests, or SFSTs.

These tests provide more accuracy in determining whether a driver is intoxicated, but even when properly administered they are not completely accurate. According to a study conducted by Stuster & Burns in 1998, if all three SFSTs (the Walk-and-Turn, One-Leg Stand and Horizontal Gaze Nystagmus) are conducted exactly per procedure, they are accurate in 91% of cases. There are a few issues that add to the inaccuracy of these tests:

• The use of non-standardized field sobriety tests
• Improper instructions by the officer administering the test
• Improper grading of a driver’s performance on a test or tests
• Improperly administered tests
• Factors not related to alcohol that influence a driver’s performance, such as: high-heeled shoes, physical illness, injury, age, weight or nervousness.

Tampa Drunk Driving Defense Attorney

Find out how we can approach your case and challenge field sobriety tests to help you seek a positive result. With our experience and our understanding of these tests and their faults, we can build an aggressive defense strategy.

Contact a Tampa DUI attorney today to get started in receiving competent legal counsel.