Chicago DUI Attorney
About Field Sobriety Tests
Knowledge of how to challenge the validity of field sobriety tests is an essential skill for a defense lawyer when representing any client facing Chicago DUI charges. At Fagan, Fagan & Davis, our lawyers understand exactly how to contest field sobriety test performance and how to use our understanding of this process in our clients' favor.
Field sobriety tests are conducted on the side of the road to help police officers determine whether or not a person is too intoxicated to drive a vehicle. These tests challenge a driver’s physical coordination, reaction time, alertness, and ability to follow instructions. Although there are a number of different field sobriety tests, police officers usually require drivers to perform one or more of the following three tests as taught by the National Highway Traffic Safety Administration:
- Walk and Turn: the driver must take nine steps in a straight line, turn, and repeat the action in the opposite direction
- One Leg Stand Test: the driver is instructed to lift one foot off the ground and count out loud, with arms remaining on the side
- Horizontal Gaze Nystagmus Test: the driver follows a small object with his or her eyes
If the driver loses balance or cannot follow instructions, the officer will take it as a sign of intoxication. During the HGN test, if the officer observes the eyes twitching, or if the inability to follow the object, the officer will consider this as proof of consumption of alcohol, and consider this in determining if the driver is under the influence.
If you were arrested for DUI after taking a field sobriety test, it’s in your best interest to speak with an experienced
Chicago DUI defense attorney as soon as possible. What police officers don’t want you to know is that there are many different factors that could cause someone to fail a field sobriety test, besides intoxication. Weather conditions, fatigue, nerves, allergies, a pre-existing illness or medical condition, type of shoes, natural lack of coordination, age, weight, etc. can all affect a driver’s ability to pass a field sobriety test. Furthermore, not only are these tests inaccurate and scientifically unreliable, but they are also highly subjective. Whether a driver passes or fails is left entirely up to the officer’s discretion.
DUI Lawyer Challenging Field Sobriety Tests in Chicago
If you have been arrested and charged with DUI, it’s imperative that you find a Chicago DUI lawyer who has experience defending people who’ve failed a field sobriety test. The prosecution is going to try to use the tests as evidence against you in both criminal court and at the summary suspension hearing. At Fagan, Fagan & Davis, we contest the use of field sobriety tests as evidence and challenge the validity and reliability of those tests, especially if we determine other factors affected your ability to pass, or, as in many cases, officer error affected your ability to be fairly evaluated.
Making sure you are cleared of your DUI charges is our number one priority, and we will utilize our knowledge and experience in order to assist you in this. Let us use our over 100 years of combined legal experience in your favor as we work as a team to defend your rights throughout the criminal process and in Summary Suspension proceedings. We offer a free consultation with an attorney at our firm and represent clients throughout Chicago and the surrounding areas in Illinois.
Contact a Chicago DUI attorney
at our firm today!