Defending Against Field Sobriety Tests: An Instructor’s Guide To Winning Strategies

Field sobriety tests are a cornerstone of most DWI arrests in New York. However, depending on the circumstances, these tests are not as objective or reliable as the police assert. Depending on the officer and her or his administration or scoring of the tests, the reliability of the tests can be questionable.

As an NHTSA instructor in Standardized Field Sobriety Tests (SFSTs), I’ve seen firsthand how these tests can be misinterpreted. As a DWI defense attorney, I know how to benefit from that insider knowledge to challenge the results or reliability of SFSTS and build a strong defense for my clients.

The Science Behind Field Sobriety Test Challenges

The National Highway Traffic Safety Administration (NHTSA) has conducted a number of studies on the accuracy of SFSTs. While these studies have shown that the tests can be a reliable indicator of one’s B.A.C. (Blood Alcohol Concentration) when they are administered correctly, they have also revealed a number of significant limitations.

For example, the tests may be less accurate for people who are overweight, elderly, or have certain medical conditions. In addition, the tests must be administered in a standardized way.

The officer administering the SFSTs is looking for a specific number of “clues” on each test. However, it is very important that the officer administer the tests correctly and score the tests accurately. As noted above, if both are not present, the reliability of the tests may be compromised.

Common Administration Errors I’ve Observed

As an NHTSA SFST instructor, I have trained others, primarily attorneys, on how to properly administer these tests. I’ve seen and noted common mistakes. Some of the most frequent errors include:

• Improper Instructions: The officer must give you clear and concise instructions before each test. If the instructions are confusing or incomplete, it can be difficult for you to perform the test correctly.
• Improper Demonstration: The officer is supposed to demonstrate each test for you before you perform it. If the demonstration is incorrect, it can lead you to make mistakes.
• Unsuitable Testing Environment: The tests are supposed to be administered on a level, non-slippery surface. If the ground is uneven or the lighting is poor, it can be difficult for you to maintain your balance.
• Scoring Errors: The officer is supposed to look for a specific number of “clues” on each test. It’s not uncommon for officers to misinterpret the clues or to count clues that are not actually present.

These are just a few of the many errors that can occur during a field sobriety test. An experienced DWI attorney, like myself, who is trained in SFSTs can review the evidence in your case, including any video footage of the tests, to identify these errors and use them to challenge the results.

Medical And Physical Factors In Defense

Another major problem with field sobriety tests is that officers often do not account for medical conditions affecting test performance.

For example, an inner ear problem can cause balance issues, which may lead to “failing” the walk-and-turn or one-leg stand test. A bad back or knee injury may prevent standing on one leg for 30 seconds. Neurological conditions can cause natural nystagmus, which may be mistaken for alcohol impairment.

It’s important to tell the officer about any medical conditions you have before you perform the tests. And it’s even more important to tell your attorney about them. An experienced DWI attorney can use your medical records to show that your poor performance on the tests was due to your medical condition, not to alcohol impairment.

Video Evidence: Your Best Friend or Worst Enemy

In many DWI cases, there is video footage of the field sobriety tests from the officer’s dashboard camera or body camera. This video can be a powerful piece of evidence, for better or for worse.

If the video shows you performed the tests well, it can challenge the officer’s claim that you were impaired. If the video shows poor performance, the prosecution may use it to argue for a conviction.

As an experienced DWI attorney skilled in SFSTs, I will carefully review your video footage for inconsistencies or errors. I can also use the video to show that these tests are not as simple as they appear. Oftentimes, the prosecution tends to advance officer testimony that the person failed the SFSTs.

However, the jury pool has no idea what these tests consist of. When they are demonstrated before the trier of fact – the jury – it often becomes clear that performing field sobriety tests can be challenging to a sober individual.

Expert Testimony In Field Sobriety Defense

In some cases, it may be necessary to hire an expert witness to challenge the results of the field sobriety tests. An expert witness can be a former SFST instructor, a doctor, or a scientist who can testify about the flaws in the tests and the errors that the officer made. Expert testimony can be a powerful tool in a DWI defense, and it can often be the difference between a conviction and a dismissal.

Building Your Defense Strategy

If you’ve been arrested for a DWI based on the results of a field sobriety test, it’s important to act quickly. The sooner you hire an experienced DWI attorney, the sooner they can begin to build your defense.

Your future is too important to leave to chance. Don’t let a flawed field sobriety test be the reason you lose your license, your career, and your freedom. If you’ve been arrested for a DWI in New York, you need an attorney who knows how to fight back.

Contact The Inniss Firm, PLLC today at (845) 533-0265 for a confidential consultation. Let a former SFST instructor and New York State Trooper expose the weaknesses in the prosecution’s case and fight for the best possible outcome for you.