Are Field Sobriety Tests Admissible in Court?
When law enforcement officers make a traffic stop because they suspect the driver is intoxicated, they usually ask the driver to undergo field sobriety testing. These tests are intended to help officers determine whether the driver is intoxicated. We get several questions related to field sobriety tests, and we hope these answers are helpful. If you are charged with a DUI, call our experienced Joliet, IL DUI defense lawyer to help you fight your charges.
Can Field Sobriety Test Results Be Used as Evidence Against Me in Court?
For prosecutors to use these tests against you in court, the officers who administered them must have followed the strict procedures established by the National Highway Traffic Safety Administration. Standardized tests include the horizontal gaze nystagmus, one-leg stand, and walk-and-turn tests. Non-standardized tests are also used sometimes, such as asking the driver to count backward, recite the alphabet, and place his finger on his nose.
Do I Have to Submit to Field Sobriety Tests?
In Illinois, most drivers do not have to submit to field sobriety tests. A refusal does not automatically incur penalties. If you do not wish to participate, tell the officer politely that you decline. The officer may still arrest you, but he or she probably would have done so anyway.
Are Field Sobriety Tests Accurate?
One of the largest issues with these tests is that they are entirely subjective, based on the officer’s perceptions. This flaw, however, can give your attorney several ways to challenge the test results.
How Can a Lawyer Challenge Field Sobriety Test Results?
Your lawyer will not rely on one single strategy to beat your DUI charges. Instead, we will examine your case from all angles and use everything we can to achieve the best possible outcome. We can challenge field sobriety test results in several ways, including:
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Uncovering procedural errors that deviated from the NHTSA requirements
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Presenting alternate reasons why you failed the tests, including injuries, illnesses, vertigo and balance issues, and disabilities
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Pinpointing external factors, such as inclement weather and broken pavement, that may have made you fail the tests
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Arguing that the officer’s interpretation of your test results was skewed
People who are completely sober can fail these tests, making them unreliable gauges of a person’s intoxication level.
When Should I Call a Lawyer?
As soon as you are arrested, you can invoke your right to remain silent and request to call your attorney. The sooner you get us involved, the better we can protect your rights.
Call Our Skilled Will County, IL DUI Defense Lawyer
When you choose Carlson Law Group, P.C., our Morris, IL criminal defense attorney offers several advantages. Because he has served as both prosecutor and judge, he knows how to develop sound defense strategies that give you the best chance of beating your charges. Request your free case review online or by calling us at 815-710-3700 now.