How Field Sobriety Tests Can Be Counteracted at Trial

Posted on February 13, 2014

Nystagmus Test

Your Redwood City DUI attorney will explain how to counteract results from a field sobriety test.

A Redwood City DUI Lawyer Will Tell You How Field Sobriety Tests Can Be Attacked

An attorney will use the testimony of the law enforcement officer who made the arrest to try and cross-contaminate the results of the field sobriety test. If, for example, one test was proven to have been unfair due to various circumstances, this can potentially be used to render other tests unreliable. It is up to the lawyer whether or not to specifically point this out to the jury or let the jury figure it out for themselves.

Strategies to Call The Field Sobriety Test Results Into Question

A Redwood City DUI lawyer will use the following tactics:

  1. Pointing out that the area was sloped. If you were asked to walk a straight line, take the Romberg test or stand on one leg, the surface upon which the test was given must be level. This is rare because few areas are completely even;
  2. Absence of a baseline.How could a law enforcement officer have any idea as to how you would perform in a field sobriety test at any time? If there isn’t a baseline of performance, it’s impossible to say you were committing a DUI because you lost your balance in a one-leg stand test. Perhaps you have a medical condition or some other issue prevented you completing the test as required; and
  3. The officer is unaware of the reason that the test is given. A law enforcement officer will be presented as an expert. However, your lawyer will combat this assertion by asking the officer the reasons that the tests are given in the manner they are. It’s possible that the officer won’t know the science behind the Romberg test, making the testimony questionable.
Contact an Experienced Redwood City DUI Attorney

If you have questions about how field sobriety tests will be called into question, call Silveira Law at (415) 795-3890 today.