Reader’s Question:

I know that some people who are arrested for DUI here in Huntsville, Alabama are being asked to take field sobriety tests to determine if they had been drinking. What are the possible defenses that can be used in a DUI case with regard to field sobriety tests?

Camren

Huntsville, AL

There are two kinds of field sobriety tests (FST’s) that police officers often ask a person who is suspected for DUI and these are the standardized and non-standardized FST’s. Standardized FST’s are set up by the National Highway Traffic and Safety Administration (NHTSA). If a driver is already stopped for a DUI suspicion in Huntsville, Alabama and was asked to take standardized FST’s, a good DUI defense lawyer could find ways to prove that standardized FST’s are inaccurate. A great example of this is that for healthy individuals, the walk-and-turn test is only 68% accurate and the one-leg stand test is only 65% accurate in determining if a person is under the influence. Those individuals with medical conditions and injuries, and those who are 50 pounds or greater overweight and 65 years or older cannot be validly judged by the FST’s.

On the other hand non-standardized field sobriety tests are invalid. The NHTSA and medical science do not consider saying the alphabet, counting backwards, or touching your finger to your nose as valid FST’s. These are the reasons why failing the FST’s are not entirely enough basis that the driver was really under the influence.

Tags: DUI, DUI lawyer, field sobriety tests