Field sobriety tests, FSTs, are used by police officers to determine if a driver is intoxicated. There are three tests used. They will test a driver’s balance, coordination, and if they can do more than one thing at a time without issue.
If you are pulled over in Colorado and asked to conduct a field sobriety test, you may wonder if the outcome can lead to your arrest. You may also wonder if the test is administered improperly, will it lead to your arrest and incarceration?
These common concerns are addressed here. If you have further questions about field sobriety tests and your rights, contact our DUI attorney at the Law Offices of Steven J. Pisani.
If the police officer makes a mistake while they administer the field sobriety test you are taking, it cannot be used to support your arrest. Before officers can administer these tests, they must undergo specialty training and receive certification. This ensures they know how to administer the test correctly.
Every test has a specific protocol for it to be done correctly. If the protocol is not followed, an arrest based on these test results may be considered invalid or improper.
Several tests are used to determine if a driver is intoxicated. These include:
While field sobriety tests designed to be objective, various factors can influence their accuracy. Some things that may impact how accurate your test results are and give you cause to challenge them include:
No test is foolproof. Even under optimal conditions, FSTs can produce false positives. Research has shown that these tests can sometimes misidentify sober individuals as impaired.
If you believe that your FST results were inaccurate, it’s crucial to consult with a DUI attorney. They can review the specifics of your case, potentially gather evidence that supports your claim of an inaccurate test, and advise on the best course of action. They can also help create a defense strategy for your case.
In Colorado, law enforcement officers utilize standardized field sobriety tests (SFSTs) to determine if a driver is under the influence of alcohol or drugs. These tests, however, must be administered in strict accordance with established procedures.
You will have grounds to challenge the test results if the following occur:
Defense attorneys in Colorado often employ experts to testify about the limitations and potential inaccuracies of SFSTs. These testimonies can be pivotal in illustrating that the test results are unreliable.
A seasoned DUI attorney is familiar with the protocols and procedures law enforcement should follow when conducting field sobriety tests (FSTs). They can quickly identify deviations or inaccuracies in the way the test was administered, providing a foundation for a defense.
When you seek legal assistance to challenge a field sobriety test, some of the things your attorney will look into and consider to determine if the test was improperly administered and therefore not accurate include:
With their intricate understanding of the legal landscape, DUI attorneys can ensure that all procedural rights are protected, file essential motions, and navigate the complexities of the court system to benefit their clients.
Highlighting flaws in the administration of a field sobriety test can be pivotal in a DUI case. When these tests are improperly conducted, their results lose credibility. By successfully challenging these inaccuracies, the core evidence against the defendant may be rendered unreliable.
This significantly increases the chances of reduced charges or even case dismissal. Consequently, what might have led to jail time based on flawed evidence can result in a more favorable outcome. It underscores the importance of thorough legal scrutiny in ensuring justice and preserving one’s freedom.
At the Law Offices of Steven J. Pisani, our DUI attorney can help create a defense strategy for your case. Call our office to schedule an initial consultation.