Sobriety tests for DUI are not always reliable. Oklahoma law enforcement officers might use a variety of sobriety tests in the field when they encounter someone they suspect of driving while intoxicated. Of the various tests that officers use in roadside evaluations, only three evaluations are approved by the National Highway Traffic Safety Administration. These tests are also accepted for admission in court as evidence of DUI alcohol and DUI drugs. These three tests have been evaluated and studied to be reasonably accurate at assessing intoxication. The key is that they must be performed correctly by properly trained law enforcement professionals. Therefore, if they are not you may be able to get your DUI case dismissed and avoid punishment for a conviction.
Three Standardized Tests
The three sobriety tests for DUI and APC that are approved for use by law enforcement include:
- Horizontal Gaze Nystagmus test: Where the officer has the subject follow their finger or a pen with their eyes. This is done while the officer checks for eye jerkiness, called nystagmus
- Walk-and-Turn test – Involving commands to step heel-to-toe along a straight line and back and follow instructions accurately
- One-Leg Stand test – In which the subject lifts one foot about six inches off the ground. This is done while the officer observes the person’s balance and ability to follow instructions
Legal Consent To Field Sobriety Tests For DUI
The Oklahoma state legislature has made possessing a state driver’s license an ‘implied consent’ . This allows officers to perform sobriety evaluations if they believe a driver may be impaired. Although, you have the legal right to refuse to cooperate with the officer requesting to evaluate you with field sobriety tests. However, the law allows the State to revoke your license if you do not consent to the field sobriety tests.
Defense Strategies To Challenge DUI Tests
It’s critical to understand that field sobriety tests are not perfect and are not certain to reveal intoxication. There are cases where intoxicated individuals can pass the tests convincingly. There are still situations where someone who hasn’t had any alcohol might be found to have ‘failed’ the test. The reasons for these results are that the tests have a significant degree of subjective results. Thus this means they are open to a significant amount of interpretation by the person administering the test. This is especially true if they are not done exactly right.
Recent studies show a high percentage of objectively correct results in cases where the evaluations are appropriately performed. This supports the need to properly train law enforcement officers in the administration of DUI testing. Therefore, the strongest defense strategy to challenge the test results in court is based on the officer’s training. Additionally, the officers experience administering the tests matters. Tests that are incorrectly performed, whether due to inadequate instructions to the subject, a medical condition that interferes with the subject’s ability to perform the test, or where the results are incorrectly reported, are subject to legal challenges in court.
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Experienced DUI Defense Attorneys in Tulsa
If you’ve been asked to perform field sobriety tests and refused, or if you performed the tests and are now facing DUI charges you don’t have to go it alone. A DUI charge has defenses and we can help you discover the glitches in the States Case. It doesn’t matter if its a misdemeanor or a felony DUI the same defense apply. Get a free consultation today. Call Kania Law Office at 918-743-2233 or contact us online to get answers.
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