If a police officer pulls you over for suspicion of driving under the influence, they might ask you to take a field sobriety test. Failing a field sobriety test in Virginia does not automatically lead to a DUI conviction, though.
There are ways to challenge the results and build a defense. Understanding your rights and the process can help you protect yourself.
Question the reliability of the test
Field sobriety tests can be unreliable. They rely on a police officer’s observations, which can be subjective. Common tests include the Horizontal Gaze Nystagmus test, the Walk and Turn test and the One-Leg Stand test. Various factors can affect performance, including medical conditions, age, weight or even the weather. For example, if the road is uneven or you have a medical condition that affects your balance, you might struggle to pass the Walk and Turn or One-Leg Stand tests.
Highlight improper administration of the test
Police officers must follow strict guidelines when administering field sobriety tests. If an officer fails to follow these guidelines, the test results may be invalid. The officer might not explain instructions clearly or use an incorrect testing procedure. By highlighting any deviations from the standard protocol, you can argue that the test results are not valid as evidence against you.
Present evidence of your physical or mental condition
Sometimes, physical or mental conditions can cause a person to fail a field sobriety test, even if they are not under the influence of alcohol or drugs. For instance, conditions such as vertigo, leg injuries or neurological disorders can make it difficult to perform balance tests. By providing medical records or expert testimony, you can demonstrate that these factors led to the test failure.
An officer might subject you to a field sobriety test even if they are not certain you exceeded Virginia’s drinking and driving limit. That is why it is important to scrutinize the officer’s observations and take appropriate steps to defend yourself against a failed field sobriety test.
