Defenses Against Oklahoma DUI Field Sobriety Tests
Field sobriety tests are used by law enforcement during the course of a traffic stop to determine if there is enough evidence for a DUI arrest. While the National Highway Traffic Safety Administration (NHTSA) developed the standardized field sobriety tests, they are still relatively subjective and are full of problems.
Defenses Against the Horizontal Gaze Nystagmus Test
The horizontal gaze nystagmus test measures the involuntary jerking of the eyes that becomes more pronounced if a person is intoxicated. Alcohol consumption is not the only cause of nystagmus; in fact, there hundreds of neurological disorders and eye conditions that could cause a person to fail this test. A defense attorney can work with a medical professional to establish the true cause of your nystagmus and challenge your results.
Defenses Against the One-Leg Stand and Walk-and-Turn Tests
Both the one-leg stand and walk-and-turn tests were designed to measure your ability to follow directions and your physical performance. However, individuals who are over the age of 65, more than 50 pounds overweight or have certain physical conditions should not be asked to perform the test—or the results can be challenged.
Your attorney could also argue that the distractions at the scene had an effect on your performance. The stress of being pulled over by the police, the flashing of the patrol car's lights and the passing cars could also have an impact on the test results.
Work with a Defense Attorney to Challenge the Field Sobriety Tests
The way field sobriety tests are scored has a lot to do with perception. If the officer already believes you are under the influence, this could result in bias when scoring your performance. A DUI attorney can request video evidence or interview witnesses to evaluate the validity of your field sobriety test results.
Attorney Bruce Edge of the Edge Law Firm has undergone extensive training on the tests used in drunk-driving cases; in fact, he is one of only two board-certified DUI lawyers in the State of Oklahoma. To learn how he can help you challenge your tests, call (877) DUI-EDGE or (918) 582-6333 or complete our form for a free initial consultation.