Understanding Field Sobriety Checks in NC

Field Sobriety Tests (FSTs) are often used by law enforcement officers to determine whether a driver is impaired. However, these tests are not always accurate and can be influenced by factors unrelated to alcohol or drug use. At Bryon M. Smith, Attorney At Law, we know how to challenge the validity of field sobriety tests and fight for the best possible outcome in your DWI case. If you’ve been charged with a DWI based on FST results, we can help you understand your rights and build a strong defense.

What Are Field Sobriety Tests?

Field Sobriety Tests are a series of physical and cognitive assessments designed to evaluate a person’s balance, coordination, and ability to follow instructions. The results of these tests are often used by officers to decide whether to arrest someone for Driving While Impaired (DWI). The three standardized tests commonly used in North Carolina are:

• Horizontal Gaze Nystagmus (HGN) Test
  During this test, an officer asks you to follow an object, like a pen or finger, with your eyes. The officer is looking for an involuntary jerking movement of the eyes, which they believe may indicate impairment.
• Walk-and-Turn Test
  This test involves walking in a straight line, heel to toe, for a specific number of steps, then turning and returning along the same path. Officers look for signs of imbalance, such as stepping off the line or taking the wrong number of steps.
• One-Leg Stand Test
  The officer instructs you to stand on one leg while counting aloud. This test measures balance and coordination, and any wobbling or putting the foot down may be considered signs of impairment.

Are Field Sobriety Tests Reliable?

While these tests are widely used, they are not foolproof. In fact, there are many reasons why a person might “fail” a field sobriety test that have nothing to do with intoxication. Factors that can affect test results include:

• Medical Conditions: Certain medical conditions, such as vertigo or neurological disorders, can impact your balance or coordination.
• Nervousness or Anxiety: Being pulled over by a police officer can cause stress or anxiety, which can lead to shaky movements or difficulty concentrating.
• Fatigue: Being tired can affect your ability to perform physical tasks like walking in a straight line or standing on one leg.
• Environmental Factors: Uneven surfaces, poor lighting, or adverse weather conditions can make it difficult to complete the tests properly.
• Clothing or Footwear: The type of clothing or shoes you’re wearing may limit your mobility or balance, affecting your performance on the tests.

Because of these variables, field sobriety test results are often subject to interpretation and may not accurately reflect whether a person is impaired.

How We Challenge Field Sobriety Tests in Your Defense

At Bryon M. Smith, Attorney At Law, we know that field sobriety tests are far from perfect. When building your defense, we will scrutinize every detail of your arrest, including:

• Improper Administration: Law enforcement officers must follow strict guidelines when administering field sobriety tests. If they failed to give proper instructions or conducted the test in an unsafe or inappropriate environment, we can challenge the results.
• Medical and Physical Limitations: If you have any medical conditions or physical limitations that affected your ability to perform the tests, we will present this evidence to the court.
• Environmental Conditions: We will investigate the location where the test was administered. If the ground was uneven, poorly lit, or unsafe in any way, we will use this to call the accuracy of the results into question.
• Bias and Subjectivity: Field sobriety tests rely heavily on the officer’s interpretation of your actions. We will highlight any potential biases or misjudgments made during the administration of the tests.

By identifying weaknesses in the field sobriety test process, we will try to undermine the prosecution’s case and protect your rights.

Your Rights During Field Sobriety Tests

It’s important to know that field sobriety tests are voluntary in North Carolina. You are not legally required to perform these tests if an officer asks you to, and refusing to do so cannot be used against you in court. If you are pulled over and asked to perform a field sobriety test, it is often in your best interest to politely decline and request to speak with an attorney before proceeding.

What to Do If You’ve Been Arrested After Failing a Field Sobriety Test

If you were arrested after failing a field sobriety test, you still have options. A failed test does not automatically mean you will be convicted of a DWI. At Bryon M. Smith, Attorney At Law, we will carefully review your case and look for ways to challenge the arrest and test results. We are committed to protecting your rights and fighting for a favorable outcome in your case.

Contact Bryon M. Smith, Attorney At Law, for a Free Consultation

If you’ve been charged with a DWI based on the results of a field sobriety test, you need an experienced attorney who can challenge the validity of those results. Contact Bryon M. Smith, Attorney At Law today for a free consultation to discuss your case. We are here to fight for your rights and help you move forward with confidence.