Accuracy of Field Sobriety Tests

Being accused of a DUI is a harrowing situation. A DUI charge could unexpectedly affect the accused’s personal and professional life. It could affect anything from interpersonal relationships to professional opportunities. Other expected consequences are losing or suspending your driving license, legal penalties (fines or prison time), and even being forced to offer financial compensation if the DUI charge was part of an accident. For more general information on DUIs in Delaware, the Delaware Office of Highway Safety has more details on its official website.When a police officer suspects someone of being intoxicated behind the wheel, the officer will attempt to administer tests to determine the sobriety of the driver. But how accurate are these tests?

There are multiple common field sobriety tests, one being the Horizontal Gaze Nystagmus (HGN) test. The Horizontal Gaze Nystagmus (HGN) test assesses involuntary eye movements that are believed to become more noticeable when a person is under the influence of alcohol or drugs. During the test, the officer instructs the suspect to follow a moving object with their eyes, observing signs of nystagmus—characterized by jerking eye movements. Although the HGN test is widely recognized as a reliable indicator of impairment when administered properly, it does have its limitations. Afterall, no sobriety test is 100% accurate.

Fighting a DUI allegation alone can be an overwhelming experience. It is a serious accusation and can have severe consequences if not appropriately addressed. Many in this position seek the help of a skilled defense lawyer who can help them not only manage the gravity of the situation but also strategize effectively to form a solid defense. Matt Stiller, the Delaware DUI Defender, has a defense team with years of skill, ready to fight to restore your good name and reputation. Call us today at (302) 678-8700 to schedule a consultation.

Common Defense Strategies Against Field Sobriety Test Results

Because sobriety tests aren’t perfectly accurate, it is possible to contest their validity. One can use many avenues and strategies to mount a strong defense against the result of a field sobriety test. For example, a rough road surface or adverse weather conditions can make it challenging for a suspect to maintain balance during the Walk-and-Turn or One-Leg Stand tests. A strong defense strategy involves emphasizing these environmental factors and arguing that they undermine the accuracy of the tests. Other defense strategies that can be implemented are:

  • Challenging the scientific validity of the tests: The HGN test relies on the assumption that alcohol impairs the brain’s control over eye movements. However, there is significant debate over its accuracy. Research indicates that various factors, such as fatigue, eye conditions (like astigmatism), and even natural variations in nystagmus, can affect the results.
  • Physical and Mental Conditions: These tests could be affected by the accused’s physical or medical conditions. Factors like age, weight, injuries, or medical issues (like inner ear disorders) can affect balance and coordination, resulting in poor test performance that is unrelated to alcohol consumption.
  • Potential Distractions and Safety Concerns: Traffic, noise, or other distractions can significantly impact a suspect’s performance on field sobriety tests. These environmental factors can create a stressful or chaotic setting, making it difficult for the suspect to focus and perform the tests accurately. If such distractions were present during the administration of the tests, it is essential to highlight them as potential reasons for any deviations or errors in the results. 
  • Officer’s Behavior: The officer’s conduct and attitude during the traffic stop can also affect the validity of the result. If the officer exhibited aggressive or biased behavior, it could have affected their judgment regarding the suspect’s level of impairment. Addressing and highlighting any such behavior can strengthen arguments that the officer’s observations were skewed or compromised.

There are many other ways to form a solid defense. Every case is different, and no strategy can guarantee success. However, discussing defense strategy with a lawyer can give you the edge you need to challenge the sobriety test result successfully.

Possible Administration Errors

Procedural errors and law enforcement officers’ training level can noticeably change the results of field sobriety tests. These tests must be administered in Delaware following standardized procedures to maintain validity. Any deviations from these established protocols can result in unreliable outcomes, which may be contested in court. It is crucial to account for the potential for bias and subjectivity in field sobriety tests. Officers may inadvertently let personal biases affect their observations and interpretations, leading to an exaggerated impairment assessment and a higher chance of arrest. If the accused hires a defense attorney, they can more successfully challenge the reliability of the field sobriety test results by arguing that such bias or subjectivity influenced the officer’s observations.

Seeking Help Moving Forward

Managing a DUI accusation is a difficult situation for anyone to go through. Even equipped with good defense strategies and additional knowledge, the situation can seem insurmountable. Hiring a professional defense attorney can provide you with guidance and assistance. Our defense team will examine and exhaust every possible defense strategy we can form to find the best one for you. If you need help due to a DUI charge or accusation, don’t wait any longer. Call Matt Stiller, the Delaware DUI Defender, today at 302-678-8700 to schedule a consultation.