Can You Challenge A Field Sobriety Test?
Not every state finds field sobriety tests (FST) necessary, however, refusing to do can be used against the driver when it comes time to investigate a DUI/OVI case. This is why many people choose to cooperate and perform field sobriety tests. This can also set the driver up for failure, as the tests were designed to be challenging, even for someone who is not under the influence.
That is why our Butler County, Ohio, DUI attorneys can assist you in fighting the results of your field sobriety test. We have more than 45 years of collective legal experience at the Meadows Law Firm and have a thorough, in-depth understanding of how DUI cases are tried in court. We can use this insight to help you!
What Aspects Can Be Challenged?
You can contest the evidence from an FST if you believe that the results were uncovered in error or were entirely inaccurate. Most of the time, this evidence is all that prosecutors have to press charges. If there were errors committed at any time, you can challenge whether or not the evidence is admissible to trial.
Some of the defenses you might raise could include:
- Your physical condition, weight, or age had a negative effect on the results
- You were driving while on medication, which led to instability
- The poor weather affected your ability to perform the tests
- Roadside conditions affected testing
- The arresting officer lacked tact or experience to conduct the tests
- The arresting officer broke the law while performing the tests on you
- The video evidence contrasts with the officer’s testimonials
FST are notorious for their unreliability in testing one’s level of intoxication. In fact, some accused drivers have had their charges acquitted because of how unreliable they can be. With this in mind, if you are looking to challenge the evidence in your DUI/OVI case, we urge you to contact our team of Southwest Ohio DUI attorneys.
We know the ins and outs of the laws and we intend on delivering favorable outcomes to our clients, offering the personalized services of a boutique firm but with big firm results. We do this because we are dedicated to your needs and can provide you with the necessary legal advice to safeguard your future and best interests.