Field sobriety tests are one-way police may gather evidence to prove driving under the influence of drugs or alcohol charges, a crime in New Mexico under NMSA § 66-8-102. However, their methodologies may be flawed in certain circumstances and/or administered improperly. A DUI lawyer will use evidence of system or execution failures to challenge field sobriety tests in court.
In this article, DWI Detection & Standardized Field Sobriety Testing trained attorney, Marc A. Grano, gives you an overview of field sobriety tests in America and the four common challenges presented to strike them down in court. Grano Law Offices, P.C. wrote this post for those arrested on suspicion of DUI or their concerned loved ones as they determine their legal options.
Overview of Field Sobriety Tests
Law enforcement agencies intend to use field sobriety tests to determine if they should arrest someone for driving under the influence of intoxicating liquor or drugs (DUI). However, they may be compromised and are not always reliable indicators of impairment, and poorly administered or subjective test results may be used against you in court.
Standardized vs. Non-Standardized Field Sobriety Tests
Field sobriety tests consist of physical tasks performed while the police look for signs of impairment. However, a person may fail a field sobriety test for various reasons other than being under the influence of alcohol or drugs. Two types of field sobriety tests are standardized and unstandardized, as described below.
Standardized
Three types of standardized field sobriety tests (SFSTs) have been approved by the National Highway Traffic Safety Administration (NHTSA). They are standardized in that they must be performed in the exact same manner in order to be potentially valid indicators of impairment.
These standardized tests include:
- Test 1. Horizontal Gaze Nystagmus (HGN): During the administration of the horizontal gaze nystagmus (HGN), the officer wants to see how your eyes track a moving object. Previous research indicates that if you are impaired, your eyes do not follow smoothly. Instead, they jerk or bounce when following the officer’s finger, pencil, or light.
- Test 2. Walk and Turn: The walk and turn is a divided attention test. Properly administered, it is designed to assess your ability to follow instructions, keep your balance, and walk straight. You will be instructed to hold a specific position. At the same time, you are given further instructions and a demonstration of the next phase of the walk-and-turn test. According to the instructions, take nine heel-to-toe steps, then turn in a prescribed manner and then take an additional nine heel-to-toe steps. The police officer will also request that you keep your arms at your sides, count out loud and look at your feet as you walk.
- Test 3. One Leg Stand: The one-leg stand, like the walk and turn test is a divided attention test. Administered appropriately, it may assist the officer in determining whether you can maintain balance, follow instructions, and have the physical capacity to perform the maneuver. The subject will be asked to stand on one leg with the other foot parallel to the ground and approximately six inches off the ground while counting out loud until they are told to put it down. Like other standardized field sobriety tests, the validity of the test depends on the officer administering it correctly. Various environmental, physiological, and medical factors will impact any and all of the SFSTs.
Non-standardized
When police suspect a driver of driving under the influence, they may administer several non-standardized field sobriety tests. Local police frequently establish these non-standardized examinations. They are subjectively assessed based on whatever methods or protocols a particular police department has defined as passing or failing the test.
Non-standardized field sobriety tests include:
- Alphabet Test
- Count Down Test
- Finger Count Test
Since standardized field sobriety tests (SFSTs) must follow specific steps when administering the SFSTs, contesting a poorly administered or graded test is possible. For example, a DUI defense attorney will demand all videotape evidence from the officer’s Body Worn Camera and the officer’s dashboard camera to observe the officer’s administration of the SFSTs and the defendant’s performance in order to better prepare a defense. See an experienced DUI defense attorney right away to learn more about the types of tests that may be administered during a traffic stop for suspicion of DUI.
Four Common Challenges to Field Sobriety Tests
A good DUI defense strategy is to challenge the results of field sobriety tests. When police administer them, they may make mistakes, making encountering problems while administering a test easier. It is also possible to perform poorly on specific field sobriety tests due to coordination and balance issues.
Below, we discuss four common types of challenges to field sobriety tests:
Common Challenge 1. Physicality
A person’s physical condition may prevent them from correctly completing the test. For example, if you have a knee injury, you may have difficulty passing a one-leg stand on that leg. Or perhaps you have a condition that affects your balance, such as Multiple Sclerosis. If that is the case, a walk-and-turn test could be a real challenge even if you haven’t had anything to drink.
Common Challenge 2. Medical Situation
In addition to medical conditions, other aspects of your physical state may impact the quality of field sobriety testing. You might have problems if you are overweight. Alternatively, these tests may be challenging to complete if you are a senior citizen. Even the fear of being stopped by the police could affect how well you perform tests.
Common Challenge 3. Environmental Factors
Consider the scene of a traffic stop for a moment; you have been pulled over, most likely on the shoulder of a busy road. The officer expects you to exit the vehicle as cars quickly pass by and the wind blows towards you. Noise levels are also likely to be relatively high. In addition to potholes and debris, the shoulder of the road is likely to be uneven and narrow. In addition, flashing lights and the strobe light effect of oncoming traffic, even the soberest person may struggle to perform the tests.
Common Challenge 4. Police Training
Police officers typically undergo a training program in order to learn about field sobriety testing, including how to administer the tests, what to look for and how to interpret the performance of sobriety tests. However, there is always some subjectivity. Not all police officers will give the exact instructions, look at tests similarly, or evaluate the test correctly.
An officer may have taken the test years ago and never taken a refresher course to refresh their skills. Giving the test subject incorrect instructions, skipping a step, or being unclear about the test can cause them to perform poorly. The officer may claim they followed all the proper procedures and blame the driver for performing poorly.
Defend against New Mexico DUI Arrests
A variety of factors can influence the results of the SFSTs. However, you can challenge them in court with an experienced DUI defense team, such as Grano Law Offices, P.C. We will review the facts of your case from start to finish and point out all violations as we discover them to admit and present them in court and motions at the right time.
Schedule a Free Case Strategy Session Today
If you were arrested for DUI in New Mexico and believe you were subjected to invalid field sobriety testing, you must hire an experienced defense attorney to represent you in court. For more than 20 years, Grano Law Offices, P.C. has defended drunk driving allegations throughout the state. Call us to schedule your Free Case Strategy Session today at (505) 426-8711 or message us via the private contact form below. All communications are confidential, and appointments are available in-person, by phone, or by secure video conferencing.
