In Oklahoma a DUI field sobriety test is a series of physical and cognitive tests administered by law enforcement officers to assess a driver’s level of impairment due to alcohol or drugs. The officer typically conducts these tests roadside, often after a traffic stop, to help determine whether there is probable cause to believe a driver is under the influence. The officers testing you have a requirement to be trained and are supposed to meet national standards. The National Highway Traffic Safety Administration (NHTSA) recognizes this training.
Three Standard Field Sobriety Tests in Oklahoma
- Horizontal Gaze Nystagmus (HGN): This test involves tracking an object (such as a pen or flashlight) with the eyes as it moves horizontally. The Police while administering the test is looking for an involuntary jerking of the eyes, becomes more pronounced when a person is under the influence of alcohol or drugs. They are looking for the pupil to move at a 45 degree angle. If so, the officer could is consider this a clue.
- Walk-and-Turn: In this test, the driver is asked to walk heel-to-toe along a straight line, take a series of steps, and turn around in a specific manner. Once again the officer administering the test is looking for clues of impairment. Some of the indicators include a difficulty maintaining balance or following instructions. They are also looking for people using their arms to balance or for sudden stops before receiving instructions to stop.
- One-Leg Stand: For this test, the driver receives instructions to stand on one leg while keeping the other foot raised off the ground, usually for around 30 seconds. The officer will next ask you to put your hands at your sides. He might ask you to start counting while looking at the ground your foot until instructed to stop. Officers observe for signs of swaying, hopping, or inability to maintain balance.
DUI Bases On Field Sobriety Test Can Be Beat
It’s important to note that field sobriety tests are not foolproof, and various factors, including medical conditions, environmental conditions, and nervousness, can affect a person’s performance. Additionally, the subjective interpretation of the officer administering the tests can influence the outcome. Whether you can beat a felony or misdemeanor DUI charge based on a field sobriety test depends on the specific circumstances of your case. While challenging the results of field sobriety tests is possible, it can be complex and may require legal expertise. Factors that could potentially help in challenging a DUI charge include:
Errors in Administration
If the officer did not properly administer the tests according to established protocols, or if environmental factors interfered with the test’s accuracy, it could cast doubt on the results. This is probably one of the most common defenses. Police may have training in testing, but cut corners and administer the test in a way that causes errors and arrests that are not based on DUI clues. Although the Police train extensively on the national standards this is what always comes out in trial testimony or negotiations with County DUI prosecutors.
Physical or Medical Conditions
Certain physical or medical conditions can affect a person’s ability to perform field sobriety tests accurately. If you have a medical condition or injury that could have influenced your performance, it may be relevant in your defense. When administering the test Police rarely account for physical impairments that people have. Most Police default to a belief that the person taking the test is lying about the condition when in fact this physical issue is the cause of what looks like a DUI clue.
Alternative Explanations
Providing alternative explanations for any observed signs of impairment, such as fatigue, allergies, or prescription medication use, can help challenge the officer’s interpretation of the test results. A basic inability to concentrate or the environment the officer administers the test in can cause results that falsely indicate clues.
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Tulsa DUI Lawyers Fighting For You
Ultimately, the outcome of a DUI case depends on the strength of the evidence, the effectiveness of your defense strategy, and various other factors. If you’re facing a DUI charge based on field sobriety tests, it’s crucial to seek legal advice promptly to explore your options for defense. For a Free and confidential consultation with an Oklahoma Dui attorney at Tulsa Criminal Lawyers Law Firm call us at 918-416-0358