We’ve all seen dashcam footage or heard of someone pulled over for a DUI being asked to stand on one foot. And while we know these are called field sobriety tests, that’s usually where most peoples’ knowledge about DUI testing ends. Many don’t realize these tests have been part of DUI enforcement since the 1980s and account for much of the evidence used in a DUI case.
Standardized Field Sobriety Tests are widely used by Pennsylvania law enforcement and throughout the county. The test results should be considered alongside other observations, such as the driver’s behavior, appearance, and speech, to determine if probable cause exists to make a DUI/DWI arrest.
However, field sobriety tests are not foolproof. Experienced DUI lawyers in Philadelphia, PA can challenge a test if they know where to look and how to articulate its flaws.
What are Standardized Field Sobriety Tests?
Standardized Field Sobriety Tests (SFSTs) are assessments used by law enforcement to determine whether a driver is impaired by alcohol or drugs. The tests are standardized because they are administered in a specific way, and the results are evaluated based on established criteria.
There are three generally accepted SFSTs:
Horizontal Gaze Nystagmus (HGN)
The HGN test involves asking the driver to follow a moving object, such as a pen or flashlight, with their eyes. The officer is looking for involuntary eye movements, called nystagmus, which can indicate impairment.
Walk and Turn
The Walk and Turn Test requires the driver to take nine steps forward, turn around, and take nine steps back, all while touching heel to toe and keeping their arms at their sides. The officer looks for signs of impairment, such as losing balance or stepping off the line.
One-Leg Stand
The One Leg Stand Test requires the driver to stand with one foot off the ground and count aloud until the officer tells them to stop. The officer looks for signs of impairment, such as swaying or putting the foot down.
Why Field Sobriety Tests Are Often Unreliable
While these tests are a required part of DUI training for police, they are still conducted and interpreted by humans. Some common criticisms of field sobriety tests include:
Subjectivity and Human Error
SFST results are often up to the interpretation of the administering officer. This can lead to false arrests and convictions and bias in favor of law enforcement.
Not Designed for Everyone
SFSTs were designed for individuals not impaired by any medical condition or medication, including marijuana. They may not be appropriate or accurate for people with certain medical conditions or disabilities that affect their balance, coordination, or ability to follow instructions.
Environmental and Emotional Factors
Even individuals who are not impaired can have difficulty performing the SFSTs due to anxiety, nervousness, fatigue, or physical limitations. This can lead to false positives and wrongful arrests.
Lack of Transparency
SFSTs are not always administered clearly, and officers may not always explain the tests, their implications, or their results to the driver. This lack of transparency can lead to confusion, mistrust, and challenges in court.
Cultural and Language Barriers
The SFSTs may be biased against individuals who are not native English speakers or from different cultural backgrounds. For example, the walk-and-turn test may be more difficult for individuals who did not grow up walking heel-to-toe, and the counting portion of the one-leg stand test may be more difficult for individuals who are not fluent in English.
Overall, SFSTs are not as reliable or fair as law enforcement would have you believe. That’s why they should only be used with other evidence and the officer’s observations.
Mistakes in SFSTs Can Lead to False DUI Arrests
Since law enforcement widely administers these subjective DUI tests, it’s hard to calculate exactly how many drivers are falsely arrested. And while there is no one-size-fits-all solution, when tests are incorrectly administered or misinterpreted, it can lead to inappropriate DUI charges that significantly disrupt someone’s life.
When SFST mistakes occur and are identified early, it does provide an opportunity to challenge the validity of the evidence and potentially get charges reduced or dismissed. The best way to evaluate the validity of a Field Sobriety Test is by working with a defense lawyer who has completed the same SFST training as the police officer who administered the test.
Why DUI Lawyers Should Be SFST-Trained
Police officers undergo training to conduct and interpret SFSTs. But many don’t realize that defense attorneys can take the same NHTSA-approved courses.
An attorney trained in SFSTs can better evaluate how the test was administered and whether it was conducted according to guidelines. This can be a critical advantage in court.
What’s Included in SFST Training?
Lawyers who wish to take SFST training may be required to meet certain prerequisites, such as having a valid law license or completing a certain number of Continuing Legal Education (CLE) credits.
The training must be conducted in person. It typically covers topics such as the science behind SFSTs, the proper administration of the tests, and strategies for challenging the evidence obtained through these tests.
The Benefits of SFST Training for Lawyers
A Standardized Field Sobriety Testing (SFST) training course can be highly beneficial for a criminal defense lawyer for several reasons:
In-Depth Knowledge of DUI Stops
A defense lawyer who has undergone SFST training will better understand law enforcement practices during a DUI traffic stop and subsequent investigation. For instance, if your lawyer knows the indicators of impaired driving when following a car, they can better respond to accusations that you crossed the center line or appeared glassy-eyed. This can help them identify potential weaknesses and formulate an effective defense.
Identify Testing Errors
SFST training can help a defense lawyer identify mistakes and oversights that may have occurred during the administration of the tests. These errors could be due to various factors such as the testing environment, the test administrator’s lack of training, or the individual being tested having a medical condition that affects their ability to perform the tests accurately. In some cases, these mistakes may be serious enough to undermine the accuracy of the test results, leading to a dismissal or reduction of charges.
Stronger Courtroom Challenges
Armed with the knowledge gained from SFST training, a skilled defense lawyer can effectively challenge the evidence presented by the prosecution, such as the results of the breathalyzer test or the field sobriety tests. This can weaken the prosecution’s case and potentially result in a more favorable outcome.
Improved Plea Negotiation Power
A lesser-known but critical advantage of having the same level of DUI test training as the officer involved is the leverage it provides when negotiating with the prosecution. Even if the state’s evidence is strong, a lawyer with SFST training may be better equipped to secure a plea that reduces the severity of the charges or their penalties. This can be especially important in cases where a conviction could result in a complete loss of driving privileges or other significant consequences.
Field Sobriety Tests Are Not the Final Word
Being stopped by police is stressful. Add roadside tests, unfamiliar procedures, and confusing instructions in the middle of the night, and you’ve got a recipe for unfair results—even if the driver is sober.
Just because someone stumbles or hesitates doesn’t mean they’re intoxicated. Unfortunately, SFSTs are still treated as solid evidence by law enforcement and judges. That’s why they must be closely scrutinized, especially when they form the basis of a DUI charge.
Accused of DUI? You Need an SFST-Trained Lawyer
For years, Philadelphia criminal defense attorney Michael Fienman has set himself apart from other area defense lawyers. One crucial distinction is his extensive training in the procedures, administration, and interpretation of Standardized Field Sobriety Tests in Pennsylvania.
Armed with the same SFST certification provided to Pennsylvania law enforcement, attorney Fienman had studied the deficiencies related to field sobriety test guidelines and is well-practiced at challenging them when they aren’t correctly applied.
If your medical condition, a cop’s bias, or another outside factor influenced your DUI test and subsequent arrest, call attorney Fienman today at (215) 839-9529 for a free initial consultation. We’ll discuss what happened, evaluate possible DUI test errors, and explain your options.
About Attorney Michael Fienman
Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman has completed the same DWI detection training as most law enforcement officers and he holds a certificate in Standardized Field Sobriety Testing approved by the National Highway Traffic Safety Administration (NHTSA). As an experienced trial attorney, he is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies.
Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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