Police use field sobriety tests to help build a case against a driver and to quickly assess his or her level of intoxication. However, some DUI attorneys and advocates are getting attention from scientific and government groups about how well, or how poorly, field sobriety tests provide evidence of impairment.
One problem with a field sobriety test is that each individual has his or her own level of ability, both sober and intoxicated. Some of the field sobriety tests that police use are innately more challenging for some drivers than others. Ultimately, scientists have been able to show that field sobriety tests may not be entirely reliable as a means of assessing alcohol intake. That’s why police often use them in conjunction with a breath or blood alcohol test. It’s also why law enforcement officers have to be careful in basing DUI enforcement on these simplistic tests and outcomes.
Some legal resources show that studies by groups associated with the National Highway Traffic Safety Administration or NHTSA found field sobriety tests on their own to be insufficient diagnostic tools for establishing a DUI, to the extent that some courts may find them inadmissible if not joined by other evidence. In the legal community, professional DUI lawyers are talking about their options for questioning the validity of any field sobriety test as it relates to an individual case. In general, many experts feel the trend will be toward more reliance on actual breath testing and more relevant field sobriety testing.
In the meantime, individuals who have been charged with a DUI based on field sobriety tests can consult with a DUI lawyer over how the tests were used and the context in which they happened. Talking to professional legal teams experienced with DUI/DWI and similar cases can help an individual driver learn a lot more about how courts handle all of the detailed protocols around DUI law enforcement procedures and how an inappropriate reliance on field sobriety testing might help in the defense of a DUI case.
If you find yourself facing DUI charges in Maryland, DUI Defense attorney Andrew Alpert can help you. He has received specific training on defending DUI cases and DUI related issues and is certified to own and operate breath testing instruments, is a certified breath alcohol technician on several breath testing machines and is one of only a few Maryland lawyers who is a NHTSA certified field sobriety test instructor. For more information on how Andrew Alpert can help defend you against Maryland DUI charges, contact Alpert Schreyer, LLC today at 301-262-7005 or 866-952-1500.
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