There are several different defense strategies that can help people facing driving under the influence (DUI) charges. Sometimes, there's reason to question the accuracy of chemical test results. There might be calibration issues with the device used or other maintenance issues that raise questions about the accuracy of test results. Other times, a defense attorney might be able to convince the courts that a traffic stop was illegal. In such cases, they might set aside any evidence obtained during the inappropriate traffic stop.
A successful defense may require a strategy that focuses on countering specific pieces of evidence. Frequently, field sobriety test results are an important part of the state's case, especially when drivers decline chemical testing or have test results under the legal limit. What options do people have when challenging field sobriety test results?
Providing a medical explanation
Frequently, issues that may seem like the result of intoxication may actually come from a completely separate medical issue. Someone stuttering or slurring their words could be a lifelong medical issue or might be an anxious response to what they perceive as a frightening interaction. Someone stumbling when they walk or stand on one foot could have dozens of alternate explanations.
A number of different medical challenges ranging from incomplete spinal cord injuries and cerebral palsy to mental health disorders and chronic pain could affect how a driver performs on field sobriety tests. Those with documentation of a medical condition could use it as part of a defense strategy.
Questioning testing procedures
Another way to challenge field sobriety test results is to establish that a police officer did not follow best practices while administering the tests. Typically, officers should only administer the three standardized tests. A more creative approach to field sobriety testing may not hold up under scrutiny in court.
Officers usually also have to administer the test in a location where the state can gather video footage of test results. Without body camera or dashboard camera footage of the test itself, prosecutors may have to rely exclusively on an officer's testimony, which may not be as compelling.
Reviewing what happened during a traffic stop and the evidence gathered by the state can help DUI defendants plan an appropriate response. Drivers who intend to challenge field sobriety test results often need help developing a strategy before their case goes to trial.