If you’ve ever been pulled over late at night by a cop, you might have been the subject of a field sobriety test. Field sobriety tests (FSTs) are a set of tests law enforcement officers use. These are here to determine whether a driver is impaired by alcohol or drugs. In Oklahoma, officers usually administer these during traffic stops when they suspect a driver may be under the influence. Understanding what these tests entail can be crucial for anyone facing DUI charges in Claremore. This article will go into different types of tests as well as applicable defenses.
What Happens During a Field Sobriety Test?
During a field sobriety test, an officer will typically administer a series of three standard tests. For instance, the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS).
- Horizontal Gaze Nystagmus (HGN): The officer will ask you to follow an object with your eyes. Sometimes this will be a pen or flashlight. They are looking for involuntary jerking of the eyes, which can be an indicator of intoxication.
- Walk-and-Turn (WAT): The officer will instruct you to take nine steps. This will be heel-to-toe, along a straight line, turn on one foot, and return in the same manner. The officer observes your ability to follow instructions and maintain balance.
- One-Leg Stand (OLS): An officer will ask you to stand on one leg while counting aloud for about 30 seconds. The officer looks for signs of swaying, using arms for balance, hopping, or putting the foot down.
In some instances, officers will instruct a person to recite the alphabet backwards. This one isn’t as common as the others, because it can be quite challenging even for a sober person. For this test, they are looking for you slurring your words or forgetting certain letters. It’s important to note these are not here for you to fail, but for you to easily succeed if you aren’t under the influence.
Consequences of Failing a Field Sobriety Test
Failing a field sobriety test can lead to serious consequences. If the officer determines that you failed the FSTs, it can provide probable cause for an arrest on suspicion of DUI. Following the arrest, they may require further chemical testing, such as a breathalyzer or blood test. This will measure your blood alcohol content (BAC). Failing these tests can result in:
- Immediate arrest and detention.
- Suspension or revocation of your driver’s license.
- Fines, court costs, and legal fees.
- Possible jail time, especially for repeat offenses.
- Mandatory participation in alcohol education or treatment programs.
- Increased insurance premiums.
For some offenders, the court will order the installation of a breathalyzer in your vehicle. This will force you to blow into it each time before you start the vehicle to ensure your sobriety. If it detects any alcohol, it will not start. This could last anywhere from months to over a year depending on the severity.
Common Defenses Against Field Sobriety Test Results
There are several defenses that someone can employ to challenge the results of a field sobriety test in an Oklahoma DUI case. Some common defenses include:
- Improper Administration: The officer may not have followed the standardized procedures for administering the FSTs. Any deviation from the proper protocol can render the test results unreliable.
- Medical Conditions: Certain medical conditions, such as inner ear problems, neurological disorders, or injuries, can affect balance and coordination, leading to false indications of impairment.
- Environmental Factors: Poor road conditions, inadequate lighting, and adverse weather can all impact a person’s ability to perform the tests accurately.
- Officer Bias or Error: An officer’s subjective judgment can be influenced by bias or error. If the officer had a preconceived notion of your impairment, their observations might be skewed.
In order to properly defend against these charges, a criminal defense attorney is necessary. Finding a criminal defense attorney who specializes in DUIs will make all the difference for your case.
Claremore Criminal Defense Attorneys
Facing a DUI charge in Claremore can be a haunting experience, and this especially the case when it involves failing a field sobriety test. Understanding the tests, the consequences of failing, and the potential defenses is imperative for protecting your rights. If you find yourself in this situation, it’s essential to consult with an experienced DUI attorney. They will help navigate the complexities of your case and develop a strong defense strategy. Our Claremore criminal defense attorneys have the experience you need to fight these charges. Call our team at Claremore Attorneys at 918-379-4872, or reach us through our Ask A Lawyer page.
