Field sobriety tests are a common method used by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. However, there are several misconceptions and myths surrounding these tests that can lead to confusion and potentially unjust DUI charges. In this blog post, we will delve into the flaws and inaccuracies of field sobriety tests and provide useful tips to help you navigate a Cincinnati DUI case.

1. The Standardized Field Sobriety Tests are not foolproof

There are three standardized field sobriety tests used by officers to assess a driver's impairment: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn (WAT) test, and the One-Leg Stand (OLS) test. While these tests have been endorsed by the National Highway Traffic Safety Administration (NHTSA) and are widely used, they are not infallible. In fact, the NHTSA itself acknowledges that these tests are only accurate in predicting impairment 77-88% of the time.

2. Medical conditions and other factors can impact test results

Various factors can influence the outcome of field sobriety tests, leading to false positives. For example, certain medical conditions, such as inner ear problems, neurological disorders, or even leg injuries, can affect a person's balance and coordination, resulting in poor performance on the WAT and OLS tests. Additionally, environmental factors like uneven road surfaces, poor lighting, or inclement weather can also impact test results. It's essential to inform the officer of any medical conditions or other factors that may affect your performance on the tests.

3. Non-standardized tests are even less reliable

In addition to the standardized tests, officers may use non-standardized tests to assess impairment. These may include the finger-to-nose test, the Romberg balance test, or reciting the alphabet. However, these tests have not been validated by the NHTSA and are generally considered less reliable than the standardized tests. If you are subjected to non-standardized tests, it's crucial to consult with a knowledgeable Cincinnati DUI attorney who can evaluate the validity of the tests in your case.

4. You have the right to refuse field sobriety tests

Many people are unaware that they have the right to refuse field sobriety tests in Ohio. While refusing the tests may result in an automatic license suspension, it can also prevent the collection of potentially incriminating evidence. However, it's essential to weigh the pros and cons of refusing the tests and consult with an experienced DUI attorney to determine the best course of action for your specific situation.

5. A skilled DUI attorney can challenge the validity of field sobriety tests

If you've been charged with a DUI based on the results of field sobriety tests, it's crucial to seek legal representation from an experienced Cincinnati DUI attorney. A skilled attorney can challenge the validity of the tests by questioning the officer's training and experience, the conditions under which the tests were administered, and any factors that may have impacted the test results. By debunking common myths and exposing the flaws in field sobriety tests, a knowledgeable attorney can help you fight your DUI charges and protect your rights.

At Herzner Law, our experienced Cincinnati DUI attorneys are well-versed in the intricacies of field sobriety tests and are committed to providing our clients with the best possible defense. If you're facing DUI charges based on field sobriety tests, don't hesitate to contact us for a consultation and let us help you navigate the complexities of your case.

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