Understanding One of the Most Misunderstood Parts of a DWI Arrest
Many people assume field sobriety tests provide definitive proof of intoxication.
They do not.
Field sobriety tests are investigative tools used by law enforcement to help determine whether additional investigation or arrest may be appropriate. Like any investigative technique, they have strengths, limitations, and potential sources of error.
Attorney Jordan G. Fries carefully reviews field sobriety testing as part of every DWI defense strategy.
Officers commonly use standardized field sobriety tests developed to evaluate certain physicaland cognitive indicators during a DWI investigation.These tests often include:
Officers may also ask additional questions or request non-standardized exercises depending on the circumstances.
Many factors unrelated to alcohol may affect performance, including:
For that reason, field sobriety tests should always be evaluated within the context of the entire investigation.
Performance on field sobriety tests alone does not determine whether someone is guilty of DWI.
Prosecutors must still prove each legal element of the offense beyond a reasonable doubt using all admissible evidence presented in the case.
Jordan reviews numerous aspects of field sobriety testing, including:
Careful review of these issues may help identify factual and legal questions relevant to thedefense.
