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Washington DC DUI Field Sobriety Tests

Reader’s Question:

I haven’t actually been arrested for DUI in Washington, DC but I know some people who have been caught drunk driving and they all failed the field sobriety tests that the police officers asked them to do. Can we beat these kinds of tests?

Garth

Washington, DC

In Washington DC, the field sobriety tests also known as “roadside gymnastics” do not really measure whether or not a person is driving under the influence of alcohol. In addition to some exercises which have absolutely no relation to a person’s ability to drive a car, like counting backwards, saying the alphabet or doing a finger dexterity test, police officers will give a 9 Step Walk and Turn test and a One Leg Stand test. Officers rely on these balance tests in making their decision on whether or not to arrest a person. These exercises are designed to make people off balance and designed for failure. So, it is not surprising when some people have difficulties with them. No one is required to be able to stand on one leg for 30 seconds without swaying to get a driver’s license.

We can challenge these balance tests as a DUI defense if they were not given or scored according to National Highway Transportation Safety Administration (NHTSA) which is the agency that developed the FST’s. NHTSA says clearly in its manual that the FST’s are only valid if given and scored strictly according as prescribed by NHTSA and usually, they aren’t. Therefore, using the NHTSA Manual, a lawyer can show that the tests are invalid as given by the police officer.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer