03 Mar 2023

DUI/DWI
Isn’t it strange that law enforcement will arrest you based on your inability to pass field sobriety tests, but when you appear in court, those same tests are not used as evidence? Of course, they must be in the police reports of your DUI charge and show up in everyone’s summary of the events, but they’re not used as evidence in Pennsylvania. This is for a reason. Field sobriety tests do not hold up as evidence, and the prosecution knows that. Sobriety tests are inadmissible in court for various reasons and can only be used to charge you. If this sounds wrong and confusing to you, the DUI/DWI attorneys at Lermitte and Lubin LLC can explain.

What are Field Sobriety Tests?

When a police officer pulls someone over for suspicions of drunk driving, they can ask them to perform several tasks called field sobriety tests. This tests a person’s ability to function, and if they cannot perform these tasks, law enforcement has reason to believe that the person is drunk and will arrest them. They do not have to file a formal charge against someone if they arrest them under suspicion of driving while under the influence of alcohol or marijuana.

Examples of Field Sobriety Tests

There are many different field sobriety tests, some that are officially taught to law enforcement, and some they have personally come up with and popularized. Across the country, it is common for law enforcement to be taught:

The Horizontal Gaze Nystagmus Test:

This test requires someone to follow an object with their eyes without moving their head. This is a way for law enforcement to test someone’s cognitive abilities. The idea is that if someone were under the influence of alcohol, they could not will their eyes to follow it and make sure their head stays still.

The Walk and Turn Test:

This test has the person in question attempt to walk in straight lines and perform physical tasks without impairment. This tests their balance. If someone is drunk, they may be unable to stand up straight or walk straight. Their depth perception would also be affected so they may not be able to follow a line on the road.

The One-Leg Stand Test:

By having your balance on one leg, law enforcement can see if your balance has been affected by drugs or alcohol. This test is similar to the walk-and-turn test. It’s used in the absence of a line or something for the person taking the test to follow.

The Problem With Sobriety Tests

The accuracy of field sobriety tests has been questioned for decades. Back in the 1970s, the National Highway Traffic Safety Administration (NHTSA) had the Southern California Research Institute (SCRI) research it. In their study, they had police officers use field sobriety tests on honest participants to see what kind of error rate they had when it came to determining sobriety. The error rate for determining someone’s BAC was only 47%, which means they were wrong nearly half the time. Since then, future studies over the years have found that using multiple tests increases accuracy, up to 82% even. While this is an impressive rise, that’s still 18% of the time where it's not accurate. When field sobriety tests have such a significant margin for error, can they be trusted to determine your guilt? The law in Pennsylvania does not think so.

Why are they Inaccurate?

Consider what field sobriety tests are testing. One tests your balance, another your ability to physically multi-task, and one like the ABC tests–which asks you to say the alphabet backward–tests your memory. These are things people can struggle with sober for an assortment of reasons. If you suffer from a physical or mental disability, you can be a good driver and fail one of these tests. If you are tired, you can be a good driver and fail one of these tests. Furthermore, you can be perfectly fine and not be able to perfectly balance on your foot or physically multi-task because you’ve never been good at it. You should not be punished for this, but law enforcement has attempted to punish people for it anyway. Luckily, the criminal defense attorneys at Lermitte and Lubin can help.

Why Should You Contact Lermitte & Lubin LLC?

No one should be facing a DUI charge because they couldn’t pass a DUI test many can’t pass sober. If you have been charged with a DUI after failing a field sobriety test in Scranton, Wilkes-Barre, or any of the surrounding areas, Lermitte & Lubin has your back. We have a history of representing people who have been wrongly charged with DUIs. More than other law firms, we understand how frustrating and unfair the entire experience is from how many of our clients have experienced it. Lermitte and Lubin’s criminal defense attorneys know how to prove your innocence. Contact us today.

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