Many people pulled over on suspicion of drunk driving are only charged with a DUI after failing a field sobriety test. But just how accurate is this type of exam? Can the results be challenged in court? Below, DUI attorney James F. Bogen, Attorney at Law, in Cincinnati, OH, shares a few insights into this subject, highlighting the fallibility of field testing and its dubious reputation as a realistic indicator of intoxication.

Were the Tests Administered Correctly?

The first question you and your DUI attorney must ask is whether the field sobriety tests were administered correctly. There are specific protocols in place for giving this test, and if not adhered to, the results can be thrown into question. Also, a police officer must be thoroughly trained on how to administer the exam, as well as regularly updated on changing procedures and policies. If your arresting officer has had little or no guidance in this area, you could challenge the efficacy of the approach in court.

While field testing results are admissible in court, many experts have questioned just how accurate they are at determining one's level of intoxication. Some studies have found field tests to be shockingly imprecise. Three options comprise most field sobriety protocols. The horizontal gaze nystagmus test has 77% accuracy; the walk-and-turn test offers 68% accuracy; and the one-leg stand test is only 65% accurate. Your DUI attorney might choose to introduce doubt about how dependable any of these methods are.

Did Other Factors Impact Your Ability to Pass the Test?

Several issues other than intoxication could influence whether you pass or fail a field sobriety test. For instance, certain inner ear disorders will make it impossible to pass such an exam. Some prescription medications can also affect your results. If the arresting officer did not account for these influences, their findings could be challenged in court.

If you are questioning the results of your field sobriety test, let DUI and drug offense lawyer James F. Bogen, Attorney at Law, help you explore your options. For over a decade, Attorney Bogen has been crafting solid DUI defense strategies for clients throughout the Cincinnati region. Call (513) 503-7251 or visit his firm's website to arrange a free consultation, and discuss your case with a legal professional. You can also connect with the DUI attorney on Twitter and Google+.