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Criminal Defense

7/16/2010
Jenny Hosford
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The Flaws of Field Sobriety Tests

In 1977 the National Highway Traffic and Safety Administration (NHTSA) began studying a battery of tests used to determine a driver's intoxication level. In 1981 the NHTSA approved the standardized set of 3 field sobriety tests: one-leg stand, walk and turn, and the HGN eye test.

These tests are administered by officers that stop a driver on the suspicion that they are driving while intoxicated. The tests are only able to give the officer just cause (also known as probable cause) to arrest the driver on the suspicion of DUI. Unfortunately, on average, these tests are only 65-80% accurate and often disproven later by chemical testing of blood, breath or urine.

Most tests rely on the officers' assessment of the driver and their ability to balance and follow simple commands.
They are not aware of any medical conditions that the driver may suffer from, such as inner-ear complications or muscular disorders that may throw off coordination. In fact, many drivers claim that they were unable to perform the tests while sober!

These tests, while approved by the NHTSA, are not admissible in court as concrete evidence that the driver was intoxicated. Many of these mismanaged field sobriety tests are often the cause of innocent drivers being wrongfully charged with DUI. 

If you have been convicted of a DUI charge in Florida and are questioning the field sobriety tests you were subjected to at your arrest, you may need the help of a Jacksonville DUI defense attorney. Your attorney will be familiar with the flaws of the various field sobriety tests and be able to best exemplify their inaccuracies in your case.

For more information about the various types of field sobriety tests and how they may impact your case, visit our article library.

Contacting a Jacksonville DUI Defense Attorney

If you are charged with DUI in Florida and believe your case was harmed by mismanaged field sobriety tests, a Jacksonville DUI defense attorney from Sullivan & Hepler can help. Contact us today at 904-384-8808 or 1-800-295-4193



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