Ways to challenge a field sobriety test

On Behalf of | Aug 16, 2021 | Blog, Criminal Defense

When a police officer suspects an individual of drinking and driving, he or she will often make the driver perform a sobriety test in Georgia. If the person fails, generally, he or she will get arrested. However, the suspect may be able to dispute the validity of the results. Here are several ways that a sobriety test can be challenged.

It was flawed

Many drivers do have to undergo a few different things in order for a police officer to determine if they are sober. These include walking in a straight line, standing on one leg and following an object with their eyes. Sobriety tests aren’t always a reliable way to tell whether someone is sober. Unfortunately, it isn’t all that uncommon for some police officers to misinterpret these results and arrest the suspect.

Standard tests weren’t performed correctly by the police officer

A police officer will generally ask a driver to perform standard tests before determining if that individual should be issued a DUI charge. If the suspect doesn’t do the test properly because the police officer didn’t show him or her how to do it correctly, the results can be challenged. It can be rather difficult for a suspect to know what to do during a sobriety test if he or she was never shown how to do it properly by the police officer.

The mental or physical condition of the suspect wasn’t considered

Some mental and physical conditions can make it appear as if someone is intoxicated even when he or she isn’t. Certain common conditions, like an ear infection, concussion or vertigo, can cause the suspect to fail a sobriety test. These conditions can affect things like balance, speech and even gaze.

If you think you unfairly failed a sobriety test, you may have some options. You may want to consider contacting an attorney so that you can determine what your next steps should be.