Reasons You Might Fail a Field Sobriety Test

Field sobriety tests are commonly used by law enforcement during DUI stops to evaluate a driver’s level of impairment. However, these tests are not foolproof and can be influenced by various external factors unrelated to alcohol consumption. Understanding these factors can help you and your attorney challenge the validity of the test results in court.

Age significantly affects an individual’s ability to perform field sobriety exercises. According to the National Highway Traffic Safety Administration (NHTSA), individuals over the age of 65 should not be subjected to these tests due to age-related physical limitations. These limitations can include reduced balance, slower reflexes, and joint or muscle stiffness, which may cause poor performance regardless of sobriety.

Footwear can significantly impact balance-based exercises like the one-leg stand or walk-and-turn test. Performing these tests in high heels, flip-flops, or slippery shoes is much more challenging than in sturdy footwear. Bringing your shoes to court as evidence can effectively demonstrate how your choice of footwear contributed to the test results.

Certain medical conditions, such as inner ear diseases, prior head trauma, or severe colds, can impair balance and coordination. The inner ear is crucial for maintaining balance, and any disruption can make field sobriety tasks difficult. Documenting these conditions with medical records can strengthen your defense.

Individuals with attention deficit hyperactivity disorder (ADHD) or similar conditions may struggle to process complex instructions or concentrate on multi-step tasks required during field sobriety tests. If an officer is made aware of your condition and administers the test anyway, this can be used as evidence to challenge the validity of the results.

The presence of law enforcement can cause heightened anxiety, which may impact physical and cognitive performance. Nervousness is a common reaction, even for those who have done nothing wrong. This is similar to how athletes may falter under pressure, despite extensive practice.

If the Horizontal Gaze Nystagmus (HGN) test is conducted while you are facing flashing police lights, these lights can induce nystagmus (involuntary eye jerking) even in a sober individual. This environmental factor can compromise the accuracy of the test.

NHTSA guidelines stipulate that field sobriety tests must be conducted under reasonable conditions, such as on a flat, dry surface. Poor weather, uneven pavement, or slippery conditions can skew the results, making it difficult to perform even for someone who is completely sober.

Sleep deprivation can mimic the effects of intoxication, causing balance issues, memory lapses, and even slurred speech. Studies have shown that severe sleep deprivation can impair motor skills to the same degree as alcohol consumption.

Field sobriety tests must be administered according to NHTSA’s standardized protocols. Deviations from these procedures—such as unclear instructions or rushed demonstrations—can lead to invalid results. An improperly administered test cannot be considered reliable evidence of impairment.

An experienced Michigan DUI lawyer from the Barone Defense Firm can carefully review the circumstances of your field sobriety test to identify factors that may have impacted your performance. This includes:

• Examining Body Camera Footage: To determine whether the officer followed standardized procedures.
• Challenging Improper Test Conditions: Highlighting environmental or situational factors that may have skewed the results.
• Leveraging Expert Witnesses: Presenting medical evidence or expert testimony to explain how external factors influenced your performance.

By exposing flaws in the administration or interpretation of field sobriety tests, your attorney can weaken the prosecution’s case and improve your chances of a favorable outcome.

The Barone Defense Firm is dedicated to protecting your rights and ensuring a fair trial. With decades of experience in DUI defense, our attorneys:

• Challenge Unfair Testing: Identifying procedural errors and environmental factors.
• Provide Personalized Representation: Tailoring defense strategies to your unique situation.
• Serve Clients Across Michigan: From Bloomfield Hills to Ann Arbor, Troy, Grand Rapids, and beyond.

If you’ve been arrested for a DUI based on field sobriety test results, don’t wait to seek legal representation.

Call us today at 248-306-9158 or contact us online to schedule a free consultation. Let us help you protect your rights and your future.