Questioning the Validity of Field Sobriety Tests in DUI Defense
How Attorney Josh Tomsheck Can Help
When you are pulled over on suspicion of driving under the influence (DUI) in Nevada, the police may ask you to perform a series of field sobriety tests (FSTs) to assess whether you are impaired. The tests typically used in Nevada are called "Standardized" Field Sobriety Tests, as created and adopted by the National Highway Traffic Safety Administration, part of the U.S. Department of Transportation. These tests, which typically include the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn, and the One-Leg Stand, are designed to gauge your coordination, balance, and ability to follow instructions. While these tests are often used as evidence in DUI cases, they are far from foolproof. In fact, while the thrust of these tests is alleged to be that they display indicia of impairment, they are fraught with issues and errors are inherent in these tests. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced DUI defense lawyer who understands the flaws and limitations of field sobriety tests and knows how to use these issues to challenge the prosecution's case against you.
This page will explain what field sobriety tests are, why their validity can be questioned, and how Josh Tomsheck can incorporate this defense strategy to protect your rights if you are facing DUI charges in Las Vegas or anywhere in Nevada.
Understanding Field
Sobriety Tests
Field sobriety tests are standardized physical and cognitive exercises that law enforcement officers use to determine whether a driver is impaired. These tests were developed by the National Highway Traffic Safety Administration (NHTSA) and are supposed to be administered in a standardized manner to ensure their reliability. The three standardized tests most commonly used are:
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Horizontal Gaze Nystagmus (HGN) Test: This test measures involuntary movement (think "jerking" movements) of the eyes, which can become more pronounced under the influence of alcohol. During the test, the officer will ask you to follow a stimulus, such as a pen or flashlight, with your eyes while keeping your head still.
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Walk-and-Turn (WAT) Test: In this test, you are asked to take nine heel-to-toe steps along a straight line, turn on one foot, and then return in the same manner. This test evaluates your ability to follow instructions and maintain balance.
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One-Leg Stand (OLS) Test: The officer will instruct you to stand on one leg with the other leg raised approximately six inches off the ground. You must keep your foot raised and count out loud until told to stop. This test measures balance, coordination, and the ability to follow directions.
While these tests are meant to indicate impairment, they are not scientifically reliable indicators of intoxication. There are numerous factors that can affect performance on these tests, even when a person is not under the influence of alcohol or drugs.
Questioning the Validity of Field Sobriety Tests
Despite their widespread use, field sobriety tests are subject to significant criticism. There are several reasons why the validity of these tests can be questioned, making them an unreliable basis for DUI charges.
1. Subjectivity of Test Administration
One of the primary issues with field sobriety tests is the subjectivity involved in their administration. The officer conducting the test has significant discretion in evaluating your performance, and their assessment can be influenced by preconceived notions or biases. For instance, the officer's interpretation of whether you followed the instructions correctly or maintained balance can be subjective and inconsistent.
2. Improper Administration
Field sobriety tests must be administered in a standardized manner according to NHTSA guidelines to be considered valid. Any deviation from these guidelines can invalidate the test results. Factors such as uneven or slippery surfaces, poor lighting, and distractions can all affect your ability to perform the tests properly. Additionally, the officer must provide clear instructions and demonstrate the tests correctly. Failure to adhere to these standards can lead to inaccurate results.
3. Medical and Physical Conditions
Certain medical and physical conditions can make it difficult or impossible for a person to perform field sobriety tests correctly, even if they are completely sober. For example, individuals with inner ear problems, leg or back injuries, or neurological disorders may struggle with balance and coordination. Additionally, conditions such as anxiety, nervousness, or fatigue can impair performance on these tests, leading to false indications of impairment.
4. Environmental Factors
Environmental conditions can also significantly impact performance on field sobriety tests. Uneven or sloped surfaces, poor weather conditions such as rain or wind, and inadequate lighting can make it challenging to perform the tests accurately. The presence of traffic, loud noises, or other distractions can also affect concentration and performance.
5. Lack of Scientific Validity
While the NHTSA claims that field sobriety tests have a high degree of accuracy in detecting impairment, independent studies have shown that these tests are not scientifically reliable. The HGN test, for example, can be affected by numerous factors unrelated to alcohol, such as fatigue, certain medications, and even caffeine. The walk-and-turn and one-leg stand tests are also problematic, as they require physical abilities that not all individuals possess, regardless of sobriety.
How Josh Tomsheck Uses Field Sobriety Test Defenses in DUI Cases
Attorney Josh Tomsheck has extensive experience in challenging the validity of field sobriety tests in DUI cases. He understands that these tests are not foolproof and that there are many factors that can affect performance. Here's how he can use this knowledge to defend your case:
1. Reviewing Police Procedures
Josh Tomsheck will meticulously review the police report and any available dashcam or bodycam footage to determine whether the field sobriety tests were administered according to NHTSA guidelines. If the officer deviated from the standardized procedures in any way, he will challenge the validity of the test results.
2. Challenging Officer Observations
Josh will scrutinize the officer's observations and cross-examine them during hearings or trial to expose any inconsistencies or biases in their assessment. He will question the objectivity of the officer's conclusions and highlight how subjectivity may have influenced their decision to arrest you.
3. Highlighting Medical or Physical Conditions
If you have any medical or physical conditions that could have affected your performance on the tests, Josh will present this information to the court. He may use medical records or expert testimony to demonstrate that your inability to perform the tests was due to factors unrelated to alcohol or drug impairment.
4. Exposing Environmental Factors
Josh Tomsheck will investigate the conditions under which the tests were administered. If environmental factors such as poor lighting, adverse weather, or uneven surfaces were present, he will argue that these conditions impacted your performance and that the test results should not be used as evidence of impairment.
5. Using Expert Testimony
In some cases, Josh may work with expert witnesses such as forensic toxicologists or medical professionals to provide testimony on the unreliability of field sobriety tests and how other factors could have influenced the results. These experts can offer scientific explanations that support your defense and undermine the prosecution's case.
Why You Need an Experienced DUI Defense Attorney
Challenging the validity of field sobriety tests requires a deep understanding of both the law and the science behind these tests. Attorney Josh Tomsheck is uniquely qualified to handle these complex cases. As a nationally board-certified criminal trial lawyer and former Chief Deputy District Attorney, he has the experience and knowledge to identify weaknesses in the prosecution's evidence and build a strong defense on your behalf.
Contact Josh Tomsheck Today
If you have been charged with a DUI in Las Vegas or anywhere in Nevada and believe that field sobriety tests played a role in your arrest, it is crucial to consult with an experienced DUI defense attorney as soon as possible. Josh Tomsheck and the team at Hofland & Tomsheck are dedicated to protecting your rights and fighting for the best possible outcome in your case. Contact us today at 702-895-6760 to schedule a consultation and discuss how we can help you challenge the validity of field sobriety tests and defend against your DUI charges. Your future is too important to leave to chance—let us provide the strong defense you need.
