If you’ve been arrested for DUI in Washington, D.C., there’s a good chance the officer’s decision to arrest you was based, at least in part, on the results of a field sobriety test (FST). These roadside tests are designed to gauge a driver’s level of impairment, but they are far from foolproof. Field sobriety tests are unreliable and often subject to misinterpretation, bias, or improper administration.
At Lotze Mosley, LLP, our criminal defense attorney defends individuals charged with DUI in D.C. and understands how to challenge weak or flawed field sobriety evidence effectively. You may have a strong defense if you believe your arrest was based on unfair testing.
What Are Field Sobriety Tests?
Field sobriety tests are physical and cognitive assessments that officers use during DUI stops to look for signs of impairment.
The three standardized FSTs endorsed by the National Highway Traffic Safety Administration (NHTSA) include:
- Horizontal Gaze Nystagmus (HGN)– Tracking involuntary eye movement as you follow a stimulus like a pen or flashlight
- Walk-and-Turn– Taking nine heel-to-toe steps in a straight line, turning on one foot, and walking back
- One-Leg Stand– Standing on one leg while counting aloud
These tests are supposed to be administered according to strict protocols. However, the results may be misleading if they are not conducted properly or if environmental, medical, or psychological factors are involved.
Common Reasons Field Sobriety Tests Are Unreliable
There are several reasons why FSTs may not accurately reflect a person’s level of impairment.
These include:
- Medical Conditions:Neurological issues, inner ear problems, or joint injuries can affect balance and coordination
- Age and Weight:Older individuals or those with limited mobility may struggle with the physical aspects of testing
- Environmental Conditions:Uneven pavement, poor lighting, or bad weather can interfere with performance
- Improper Instructions:Officers sometimes fail to give clear or complete instructions, leading to confusion and errors
- Subjective Evaluation:The officer’s observations and conclusions are often subjective and prone to bias
Even sober drivers can fail these tests, especially under pressure or stress.
How Our Attorneys Challenge Field Sobriety Test Evidence
At Lotze Mosley, challenging field sobriety tests can dramatically weaken the prosecution’s case.
Here’s how we approach it:
- Cross-examining the arresting officer about how the test was administered and whether all protocols were followed.
- Reviewing dashcam or bodycam footage to expose inconsistencies or environmental conditions.
- Introducing expert testimony to explain how medical or psychological factors could have affected your performance.
- Highlighting flaws in police reports, such as vague language or discrepancies between observation and video evidence.
If we can show that the field sobriety test results are unreliable, the court may exclude them from evidence or give them less weight.
Protect Your Rights After a D.C. DUI Arrest
Don’t assume that failing a field sobriety test means you’ll be convicted. These tests are flawed and are often challenged successfully in court. At Lotze Mosley, LLP, we’ve helped countless clients fight DUI charges by exposing weaknesses in the prosecution’s evidence, including field sobriety testing.
Contact us today for a confidential consultation to review your case and begin building your defense. We’re ready to stand up for your rights and protect your future.
