Most people are familiar with field sobriety tests. At the very least, the concept of “walking a straight line” to demonstrate that you are sober is familiar to most. These standardized field sobriety tests are used across the country by law enforcement to identify intoxicated drivers. These same officers testify in court regarding the results of these sobriety tests as part of the state’s case. There is one problem, though: these tests are completely unreliable.
If you have been stopped under suspicion of an OUI in Maine, the police will likely pressure you to perform these sobriety tests. A thorough understanding of the unreliability of these tests could benefit you. If you are arrested based in part on your performance on field sobriety tests, attorney William H. Ashe could help you defend yourself against those allegations.
Standardized field sobriety tests have been commonplace among law enforcement officers since the 1970s. However, they were designed not by scientists but by police officers with no medical training. These tests were allegedly designed to serve as an objective series of tests that any trained officer could rely on. Unfortunately, that is not how these tests work in most cases.
There are three standardized tests in total: the horizontal gaze nystagmus test, the walk and turn, and the one-leg stand.
There are many problems with these tests. These issues have one common theme, though: they lead to false-positive results. With each test, there are countless reasons for failure outside of intoxication. Medical conditions can lead to nystagmus, for example. Foot injuries could make the walk and turn or one-leg stands difficult. For all of these tests, unclear instructions could result in a false positive.
More than anything, many of these tests are subjective. Whether or not a person loses their balance or fails to perfectly step heel-to-toe is a matter of opinion, not fact. In some cases, these opinions could lead to a false arrest.
If you have been arrested after performing field sobriety tests, an OUI defense lawyer could demonstrate to a jury that there were valid explanations for these failed results. If you are ready to fight back against these charges, contact the Law Offices of William H. Ashe.
William Ashe is an experienced trial attorney with a career track record of determined
effective representation and consistent sustained success on behalf of his clients. He has
been named to the National Trial Lawyers Top 100 Criminal Defense Attorneys every year
since 2014 and has a perfect 10.0 rating by the lawyer rating site Avvo. (207) 813-2935