Four Ways to Challenge Field Sobriety Test Results
If you have been pulled over for a suspected operating while intoxicated (OWI), the officer may have asked you to submit to field sobriety tests. These tests require you to perform certain tasks, such as following a small object with your eyes or standing on one leg while counting. Police officers ask you to perform these tests so they can look for signs of impairment.
Field sobriety tests are used to build probable cause for your intoxication. You are not required to perform these tests, even if the officer suggests otherwise. However, if you have already taken these tests, you may be worried that you failed them and will be convicted of the offense. Fortunately, this is not always true. Below, our Indianapolis OWI lawyer outlines four ways to challenge these test results.
Challenge the Test Conditions
Testing areas for field sobriety tests must be appropriate, meaning they must not inherently make it more difficult for someone to adequately perform these tests. For example, if someone was pulled over during a heavy snowfall, ice and snow on the ground may make it more difficult to complete the walk-and-turn test or the one-leg stand test. In these tests, balance is critical and inclement conditions can make this very difficult for anyone to perform.
Challenge the Officer’s Knowledge or Instructions
It is not uncommon for defense lawyers to try to discredit the results of field sobriety tests by challenging the officer’s knowledge or instructions. For example, a test could be rendered invalid if the officer did not provide clear instructions and properly demonstrate how to perform the tests. Another common defense is to argue that the tests were not administered properly or that the officer was not properly trained in interpreting the results.
Show Valid Reasons for Poor Performance
There are many factors other than impairment that can cause someone to fail field sobriety tests. These include a natural lack of coordination, nervousness, and fatigue. Pre-existing injuries, certain medical conditions, and neurological injuries can also cause someone to fail a field sobriety test. Identifying these reasons and arguing that they were the cause for the failure can serve as a defense in your case.
Our OWI Lawyers in Indianapolis Can Challenge Your Results
If you have submitted to field sobriety tests and are worried about your results, it is critical to contact our Indianapolis OWI lawyer. At Rigney Law, LLC our experienced attorney can review the facts of your case and identify weaknesses in test administration and interpretation to help with your defense. Call us now at 317-623-0989 or fill out our online form to request a free consultation and to get the sound advice you need.
Source:
iga.in.gov/laws/2025/ic/titles/9#9-30-5-1