DUI Charges from Field Sobriety Tests
Defense from Our Dayton DUI Attorney
Field Sobriety Tests (FST) are voluntary tests of coordination given at
the scene of the traffic stop when an officer suspects driver impairment.
Although they are voluntary, do not expect a police officer to inform
you of this. Despite the debate over the validity of these tests, they
continue to be administered while the arguments continue to rage on both
sides. The only standardized tests that have been shown to have some relevance
in establishing legal intoxication are:
- One-leg stand
- Horizontal Gaze Nystagmus (HGN)
In Ohio, only the three standardized tests listed above can be admitted
into evidence and only if they were administered objectively and scored
according to standards set by the National Highway Traffic Safety Administration
(NHTSA). If you have concerns about your field sobriety test results,
contact an experienced Dayton DUI lawyer from Gounaris Abboud, LPA for
expert help in determining if they were lawfully administered and scored
Schedule a free case evaluation today!
How accurate are field sobriety tests?
The debate continues about whether or not field sobriety tests indicate
anything of value to the court. Under laboratory conditions the three
standard tests were only able to predict blood alcohol content above 0.10%
in 2/3rds to ¾ of the cases tested. Another test challenged law
enforcement personnel's ability to accurately perceive impairment.
Perfectly sober "suspects" were given a battery of FSTs and
46% of them were adjudicated by trained and seasoned officers as too drunk
to drive. Objective tests such as these cast doubt as to whether FST can
be relied upon in a court of law.
Because they are used to provide evidence and justification for additional
screening their administration should be closely examined as they are
notoriously inaccurate. Field sobriety test results can and should be
challenged by the best DUI/OVI lawyer in Dayton when improperly, inconsistently,
or inaccurately done to the detriment of those charged with DUI offenses
that carry harsh and unfair penalties.
Contact Gounaris Abboud, LPA today for the help that you need.