Field Sobriety Testing Defense in Butler County & Southwest Ohio
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When you get pulled over by a police officer who suspects you of OVI/DUI, the officer may use standard field sobriety tests to determine if you are actually inebriated. However, the main reason why law enforcement conducts these tests is to build enough evidence against you to make an arrest.
The three standard field sobriety tests include:
- The horizontal gaze nystagmus test
- The one leg stand test
- The walk and turn test
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Challenging Field Sobriety Tests
These tests are known to contain many flaws due to a number of external factors which may affect your overall performance. Nevertheless, they are commonly used by law enforcement across the country.
Several factors which our legal team can challenge these tests are the following:
- Disability or medical condition – Back, leg, or inner ear issues may negatively affect an individual’s ability to perform the walk and turn and one leg tests. Other medical conditions or circumstances, such as having the flue or high blood pressure, can affect the involuntary motion of the eyes during the horizontal gaze nystagmus test.
- Improper candidate – Those over 65 or overweight typically perform poorly with these tests, such as balancing on one leg or to walk heal-to-toe.
- Improper instruction – Since the instructions are standardized, police officers should abide by every step anytime they decide to administer these tests. If the arresting officer gave you inadequate instructions or deviated from the standardized instructions, it may affect your performance.
- Improper test conditions – These tests should be performed on level, relatively flat, dry and smooth surfaces. Weather conditions such as rain, snow or ice can make it difficult to perform the one leg stand test or the walk and turn test. If the pavement is uneven, it will be difficult to determine if an individual has been drinking or not.
Retain Legal Services From Our West Chester DUI Defense Lawyers
If you have been arrested after participating any one of these field sobriety tests, it’s imperative to seek legal representation from an experienced DUI attorney. At The Meadows Law Firm, our Butler County and Southwest Ohio DUI defense lawyers understand how subjective these tests are. With over 45 years of collective experience, we are committed to protecting your rights and your reputation.
Contact our firm today to schedule your free initial consultation.