Challenging Results of a Field Sobriety Test
Evidence that Can Be Used Against You
In Fort Myers and throughout the state, when you are pulled over and suspected of driving under the influence of alcohol, or drugs, several tests are used to determine whether or not you should be charged for DUI. The field sobriety test is used together with a breathalyzer test, which measures your blood alcohol concentration (BAC), and sometimes a blood sample will be drawn which will be tested in a laboratory.
The officer's own observations of the accused are also used as evidence in a DUI case. There are many rules and regulations which the state is required to follow when conducting the sobriety tests. The testing methods used must be approved by law, and those conducting the tests must follow certain protocols.
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If you have been accused of DUI and test results are being used to prove your guilt, don't just assume the evidence is correct, or that it can even be used against you in a court of law. Many cases of DUI turn on whether the evidence being used by the prosecution is admissible at trial.
All of the following are mediums that could be responsible for errors during the process:
- Labs which test and store samples
- Police officers administering the tests at the scene of a traffic stop
- Hospitals who may draw blood samples from an accused
An officer can also make mistakes which could render his testimony unreliable such as when recounting what he observed before or during a traffic stop. When these mistakes happen, there is a very good chance that evidence can be thrown out of court, often resulting in your charges being dismissed.
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The field sobriety test is commonly used by police officers to determine whether a suspect is under the influence of alcohol or drugs.
Some of the common tests include:
- Walk and turn test
- One-leg stand
- Horizontal gaze nystagmus
These tests are not infallible. The familiar Finger-to-Nose Test, Romberg Alphabet Test, and the Counting Test are also used when a person has physical ailments which may prevent them from walking or standing on one leg. But these tests are not very accurate in determining whether someone is intoxicated.
The Florida basic recruit training program materials show that laboratory testing results were that the HGN by itself was only 77% accurate, the walk and turn was only 68% accurate, and the one leg stand was only 65% accurate! The point is, there is much room for debate about the accuracy of a field sobriety tests.
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