Joliet Field Sobriety Tests Attorney
Defense Attorney Challenging Field Sobriety Tests in Joliet, IL
There are many factors that can affect DUI cases in Will County, including the field sobriety tests performed by police during traffic stops. These tests are meant to help an officer evaluate a driver's level of impairment. Understanding the implications of these tests and the strategies that may be used to address them can be an important aspect of defense against a DUI conviction.
An attorney with experience in DUI defense can take steps to challenge the validity and administration of field sobriety tests. Carlson Law Group, P.C. provides thorough, compassionate representation for clients facing DUI charges. Our lawyer can scrutinize every aspect of a traffic stop and the procedures followed by police. By identifying procedural errors or factors that could have influenced the test results, we can provide an effective defense and help our clients achieve the best possible outcomes in their cases.
Types of Standardized Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) recognizes three types of field sobriety tests that involve standardized procedures in which a driver's physical and cognitive abilities are measured to determine whether they may be intoxicated:
- Horizontal gaze nystagmus (HGN) test: When performing this test, the police officer will watch the driver's eyes as they track a moving object from side to side. Specific signs of intoxication may include the inability to follow the object smoothly or jerking movements in the eye muscles as the object moves back and forth.
- Walk-and-turn test: To gauge balance and coordination, the officer may instruct the driver to walk along a straight line, taking a certain number of steps in a heel-to-toe manner. They will then turn around and take the same number of steps back to the original position. Signs of impairment during this exercise may include a loss of balance, making improper turns, or taking the wrong number of steps.
- One-leg stand test: Another test of a driver's balance may involve the driver standing on one leg while keeping their other foot raised. The driver will count out loud until they are instructed to stop. Signs of intoxication when standing on one foot may include swaying while balancing, hopping to maintain balance, or lowering the raised foot before being instructed to do so.
Other Field Sobriety Tests
In addition to the standardized tests, officers may administer other non-standardized field sobriety tests, such as:
- Reciting the alphabet
- Counting backward
- Finger-to-nose test
These tests are less reliable, and their results may be more easily challenged in court.
Are Field Sobriety Tests Required?
Drivers in Illinois are not required to take field sobriety tests in most cases. Drivers have the right to refuse, and they will not automatically face penalties if they do so. In fact, since the entire purpose of these tests is to give an officer enough information so that they will have probable cause to arrest a driver for DUI, it may be in a person's best interest to politely refuse to take field sobriety tests. This can prevent the officer from obtaining evidence that may be used in a DUI prosecution.
While drivers are allowed to decline field sobriety tests, this refusal can still have consequences. The officer may see the refusal as a reason to suspect that the driver is intoxicated, and they may still perform an arrest. Additionally, the refusal may be presented as evidence in court, and a prosecutor may claim that this refusal suggested that the driver knew they were impaired.
Challenging Field Sobriety Tests
Several defense strategies may potentially be used to challenge how field sobriety tests were administered or whether they provide valid evidence in a DUI case, including:
- Questioning the officer's training and procedures: Law enforcement officers must follow specific protocols when administering standardized field sobriety tests. Carlson Law Group, P.C. will examine whether the officer conducting the tests was properly trained and whether the tests were administered according to NHTSA guidelines. Any deviations from the standard procedures can be used to challenge the test results.
- Highlighting external factors: Field sobriety tests may be conducted in less-than-ideal conditions, such as on uneven pavement, in poor weather, or with distracting roadside conditions. Carlson Law Group, P.C. can argue that these external factors influenced the driver's performance, making the results unreliable.
- Addressing medical and physical conditions: Certain illnesses, injuries, disabilities, or other issues can affect a driver's ability to perform field sobriety tests correctly. Carlson Law Group, P.C. will investigate whether the driver has any health issues that could explain poor performance on the tests. For example, conditions like vertigo, sprained ankles, or nervous system disorders can impact a person's balance and coordination.
- Questioning the interpretation of the tests: Field sobriety tests are inherently subjective, relying on the officer's opinions about the driver's performance. Carlson Law Group, P.C. can challenge an officer's observations and argue that the results were based on personal judgments rather than objective evidence of impairment.
Contact Our Will County DUI Attorney for Field Sobriety Tests
After being arrested for DUI, legal assistance from an experienced lawyer is crucial. Carlson Law Group, P.C. can help you develop a strategic defense that addresses field sobriety tests and other forms of evidence. We will work to defend against a conviction and help you resolve your case successfully. Set up a free consultation today by contacting us at 815-710-3700. We are here to help you 24/7.