The Truth About Field Sobriety Tests and Their Reliability in Court

The Truth About Field Sobriety Tests and Their Reliability in Court
Field sobriety tests play a pivotal role in DUI cases, often serving as the foundation for charges and legal proceedings. However, their reliability is a subject of ongoing debate within the legal community. Understanding these tests and their limitations is crucial for anyone facing DUI/OWI charges or interested in the intricacies of legal defense.

This article goes into the reality behind field sobriety tests, shedding light on their practical application, scientific basis, and the potential for challenge in court. By exploring these aspects, we aim to equip readers with a comprehensive understanding of how such tests can influence legal outcomes and the importance of having an informed DUI attorney on your side.

Article Summary:

  1. Overview of Field Sobriety Tests
  2. The Science Behind Field Sobriety Tests
  3. The Legal Implications of Failing a Field Sobriety Test
  4. Challenging Field Sobriety Test Results
  5. Choosing the Right DUI  Attorney for Your Case
  6. Fenton Law Office: Experienced DUI Defense Attorney
  7. Frequently Asked Questions

1. Overview of Field Sobriety Tests

Field sobriety tests are a series of physical and mental exercises that police officers use to evaluate a driver’s sobriety. These tasks help gauge a person’s coordination, balance, and ability to follow directions—abilities that alcohol can compromise. Officers typically conduct these tests during traffic stops when there is a suspicion of DUI.

2. The Science Behind Field Sobriety Tests

Field sobriety tests are designed to assess a driver’s level of intoxication by evaluating physical and cognitive functions that alcohol can impair. These tests typically include activities to measure a person’s balance, coordination, and ability to follow instructions. Scientifically, these tests are based on the premise that alcohol consumption affects motor skills and cognitive functions. However, their reliability is often questioned due to various factors that can skew results.

Environmental conditions, such as uneven surfaces or poor lighting, can impact performance, as can individual differences like age, medical conditions, or anxiety. Critics argue that these variables undermine the scientific validity of the tests, suggesting that they may not consistently produce accurate indicators of intoxication. Thus, while field sobriety tests are a tool for law enforcement, their effectiveness and reliability remain a topic of considerable debate in the legal and scientific communities.

3. The Legal Implications of Failing a Field Sobriety Test

Failing a field sobriety test can have significant legal implications, particularly in the context of a DUI case. These tests often serve as a critical component in establishing probable cause for an arrest, which means that a poor performance can lead directly to charges being filed. In court, the results of field sobriety tests may be used as evidence to support the prosecution’s case, potentially influencing both the judge’s and jury’s perceptions of the defendant’s impairment level.

However, it’s crucial to understand that these tests are not infallible and their reliability can sometimes be contested. Various factors such as medical conditions, environmental conditions, or even officer error can affect the results. Therefore, anyone facing DUI charges should be aware of their rights and the possibility of challenging the validity of the sobriety test results.

4. Challenging Field Sobriety Test Results

There are several ways a skilled DUI lawyer may challenge the results of a field sobriety test in court. Some of the most common defenses for DUI/OWI cases include challenging the field sobriety tests in the following ways:

  • Question the scientific validity of the field sobriety tests by highlighting inconsistencies and lack of standardization in their administration.
  • Emphasize environmental factors, such as uneven surfaces, that could have influenced the test results and affected the driver’s performance.
  • Bring attention to personal factors, including age, medical conditions, or anxiety, which may have compromised the test outcomes, arguing they do not accurately reflect intoxication levels.
  • Utilize expert testimony to challenge the interpretation of the field sobriety test results, presenting alternative explanations for the observed behaviors.
  • Highlight any procedural errors or deviations from established testing protocols by law enforcement officers, which can cast doubt on the reliability of the test results.

5. Choosing the Right Defense Attorney for Your DUI Case

When facing a DUI/OWI charge, select a defense attorney who possesses not only a deep understanding of DUI laws but also the specific nuances of field sobriety tests and their application in court.

Look for an OWI attorney with a proven track record in successfully defending DUI cases, demonstrating expertise in challenging the reliability and validity of sobriety test results. Read more in our guide “Top Tips for Choosing the Right Criminal Defense Lawyer.

6. Fenton Law Office: Experienced DUI Defense Attorney

If you are in need of a Milwaukee DUI attorney with extensive experience in defending clients facing DUI and OWI charges, contact Fenton Law Office. Serving clients in the greater Milwaukee area, we will help you navigate the complexities of a DUI case and work towards achieving the best possible outcome. Contact us today for a free consultation and let us fight for your rights in court.

7. Frequently Asked Questions

Are Field Sobriety Tests Reliable in CourtQ: Can I refuse to take a field sobriety test?

A: Although you have the right to refuse a field sobriety test, it may result in an automatic suspension of your driver’s license or other consequences. It is best to speak with an attorney before deciding whether or not to take the test.

Q: How accurate are field sobriety tests?

A: There is considerable debate about the accuracy and reliability of field sobriety tests. Various factors can affect their results, making them unreliable indicators of intoxication levels. An experienced DUI attorney can help challenge these results in court.

Q: Can I challenge the results of a field sobriety test in court?

A: Yes, there are several ways an experienced DUI attorney can challenge the results of a field sobriety test. These include questioning their scientific validity, highlighting environmental or personal factors that could affect performance, and finding procedural errors or biases in the administration of the tests. Overall, it’s crucial to have a skilled attorney on your side when facing DUI charges and contesting the results of a field sobriety test.


By Attorney Jay Fenton, Owner of Fenton Law Office

Jay Fenton is a top-rated criminal defense attorney in Milwaukee who goes above and beyond for his clients. He has successfully secured favorable outcomes in countless cases, from negotiating plea agreements to filing pre-trial motions and managing complex appeals. Attorney Fenton also has had tremendous success achieving not-guilty verdicts at trial. His dedication and aggressiveness make him one of the best attorneys around.