Sobriety Test Procedures
Police are trained to administer standardized field sobriety tests by following specific and standardized procedures. Even the slightest deviation from these requirements can invalidate the test results. The Decatur field sobriety test attorneys at Fombelle & Fombelle, LLP, have spent countless hours learning about the technical requirements for sobriety tests. We use our understanding of sobriety tests and years of trial experience to provide a comprehensive DUI defense for our clients in Illinois. Contact us to set up an initial consultation, and find out how we can use our extensive knowledge of field sobriety tests to aggressively defend your rights.
Common Sobriety Tests
Three of the sobriety tests where issues commonly arise are:
- Walk and turn: This test is often scored based on incomplete or inaccurate administrative procedures. The police are looking for eight different behaviors; yet they ignore countless other factors and issues that are inconsistent with intoxication. The original study found it to be only 68 percent accurate.
- One-legged stand: This test is the most inaccurate of all of the three studied tests. The original research showed it was only 65 percent accurate in laboratory conditions. This rate would undoubtedly be worse in the field. See below for more information.
- Horizontal Gaze Nystagmus (HGN): This test involves involuntary jerking of the eyeball as it follows a moving object. This is also the test that police most often administer improperly. Police use this test despite the fact that are trained that all humans have nystagmus 100 percent of the time (physiological nystagmus), regardless of alcohol usage. Moreover there are dozens of conditions that cause nystagmus that have nothing to do with alcohol. Nystagmus can also be caused by the flashing lights of a police squad car and moving traffic (optokinetic nystagmus).
Monticello DUI Checkpoints Attorney
As we create a comprehensive defense to your case, our attorneys analyze other factors that contribute to improper administration of sobriety tests, including:
- Being overweight: As early as the 1970s, studies on sobriety tests showed that both the walk-and-turn and the one-legged-stand tests were invalid for those who are 50 or more pounds overweight.
- Shoes: If someone is wearing shoes with heels more than 2 inches in height, they must be given the opportunity to remove them. Ironically, both the walk and turn and one-legged stand are impacted when performed barefoot, as the uneven nature of a surface and debris can have a greater influence on the results.
- Physical disabilities: Many people fail to notify the police when they have disorders that affect balance or coordination. These disorders can provide an explanation for many of the issues that a person may have had with field sobriety tests. Even minor issues can affect one's ability to stand on one leg for 30 seconds ... try it sometime, you might be surprised how poorly you perform even under the best conditions without the intimidation of being scrutinized.
Contact the Firm
At Fombelle & Fombelle, LLP, our years of experience and diverse legal backgrounds allow us to offer innovative and effective representation to our clients. Contact us at 800-243-2925 to set up a free initial consultation with a DUI and OUI/OUIL lawyer. We have an answering service that is available 24 hours a day, seven days a week, and we respond to all messages promptly.
