Field Sobriety Tests and DUI
Knowledge of how to challenge the validity of field sobriety tests is an essential skill for a defense lawyer when representing any client facing Chicago DUI charges. At Fagan, Fagan & Davis, our lawyers understand exactly how to contest field sobriety test performance and how to use our understanding of this process in our clients’ favor.
A field sobriety test, if properly administered, is used to gauge a driver’s mental and physical coordination and ability to follow directions. Law enforcement uses field sobriety tests to determine whether a driver’s mental and physical abilities are impaired due to the use of alcohol and/or drugs. There are three tests which have been researched and tested by the NHTSA (National Highway Traffic Safety Administration) and which have been labeled Standardized Field Sobriety Tests:
- Walk and Turn: Used to check a driver’s balance, coordination and ability to follow instructions. Essentially, the test subject must walk heel-to-toe in one direction for a specified number of steps, turn around and repeat.
- One Leg Stand: Used to check coordination and balance, the one leg stand involves a driver standing with one leg raised approximately 6 inches off the ground.
- Horizontal Gaze Nystagmus: Used to check for an involuntary side-to-side jerking movement of the eyes as they follow a light or object. This jerking movement is said to indicate the presence of alcohol.
However, field sobriety tests have their faults and significant limitations. They may be administered improperly, the instructions may have been vague, environmental factors may interfere, or a driver may have a physical condition or illness which causes a poor performance that has nothing to do with alcohol consumption. A skilled DUI lawyer can bring such factors to light to benefit the defendant in providing representation for drunk driving charges.
In addition to Standardized Field Sobriety tests, there are non-standardized tests sometimes used by officers such as the “Finger-to-nose” test, ABCs, and finally, the Portable Breath Test or Preliminary Breath Test (PBT).
These test, even when properly administered under the best of conditions are only reliable for limited purposes and to a limited extent. A competent DUI attorney can explain that clearly to a Judge or Jury.
Chicago DUI Defense Attorney
A Chicago DUI defense attorney at Fagan, Fagan & Davis can help you even if you believe you have failed field sobriety tests or if you refused testing in the first place. Let us use our over 100 years of combined legal experience in your favor as we work as a team to defend your rights throughout the criminal process and in Summary Suspension proceedings. We offer a free consultation with an attorney at our firm and represent clients throughout Chicago and the surrounding areas in Illinois.
Contact Fagan, Fagan & Davis today to discuss your case with an experienced Chicago DUI lawyer.