Law enforcement officers have a number of ways in which they can test to see if a driver is driving drunk. One of these is the Field Sobriety Test, or FST, a series of tasks designed to assess driver impairment. But what if you complete the tasks successfully but are still arrested for a DUI? Cannon & Associates in Oklahoma City, OK can provide you with an experienced DUI attorney to help you fight your case.

Can You Beat a DUI Charge in Oklahoma If You Passed the Field Sobriety Test?

Beating a DUI charge in Oklahoma is challenging but not impossible. The field sobriety test is just one piece of evidence that law enforcement uses to determine impairment.

Understanding Field Sobriety Tests

Field sobriety tests are standardized physical and cognitive tasks administered by police officers to assess whether a driver is impaired. Common tests include:

  • Horizontal Gaze Nystagmus (HGN): Observing the eyes for involuntary jerking
  • Walk and Turn (WAT): Walking heel-to-toe in a straight line and turning
  • One-Leg Stand (OLS): Standing on one leg while counting

Passing these tests can be favorable but does not guarantee that you will beat the DUI charge. Other evidence, such as breathalyzer or blood test results, police observations, and your behavior, will also be considered.

Legal Strategies for Defending Against a DUI Charge with a DUI Attorney

When you work with a specialist DUI attorney, like those on the team of Cannon & Associates in Oklahoma City, we can walk you through the various processes and procedures that there are to challenge a DUI charge.

Challenge the Traffic Stop

The officer is required to have had reasonable suspicion for stopping you; if they did not have reasonable suspicion, then the stop may be unlawful, which could lead to the evidence obtained during the stop being inadmissible. The officer must also have had probable cause to believe you were impaired before making an arrest. If the evidence leading to your arrest is insufficient, this can be challenged later in court.

Examine Field Sobriety Test Administration

Officers must administer field sobriety tests according to standardized protocols. Any deviation from these protocols can undermine the reliability of the test results. Factors such as poor lighting, uneven surfaces, weather conditions, and physical or medical conditions you might have had at the time could have affected your performance on FSTs and may provide grounds for challenging the results.

Question the Accuracy of BAC Testing

There are a number of ways that blood and breath testing to gauge alcohol levels can be challenged. Breathalyzers must be properly calibrated and maintained, and inaccuracies in the device or improper administration can lead to false readings. Blood samples must be collected, stored, and analyzed according to strict protocols, and any deviation can contaminate the sample or produce inaccurate results.

There is also a defense known as the Rising BAC Defense: if your BAC was rising at the time of the test, it might have been below the legal limit while you were driving but higher when tested later.

Review Officer Conduct and Statements

Reviewing video footage from the officer’s dashcam or bodycam can provide evidence of how the FSTs were administered and whether the officer followed proper procedures. Discrepancies or inaccuracies in the police report can also be used to challenge the officer’s account of the arrest.

Consider Medical Defenses

Certain medical conditions or medications can mimic signs of impairment or affect BAC readings. If you are taking any medications, you should let us know, as we may be able to argue this as a defense and back it up with a statement or letter from your doctor. Knowing about your medical conditions and medications can also allow us to provide credible alternative explanations for any signs of impairment observed by the officer, such as fatigue, anxiety, or other non-alcohol-related factors.

What Makes a Traffic Stop Invalid in Oklahoma City?

In all of Oklahoma, as in other states, an Implied Consent law applies to all road users. This means that by operating a vehicle on Oklahoma’s roads, you give consent for the police to stop your vehicle and administer a test if they believe you to be driving while impaired by drugs or alcohol. However, a traffic stop must follow certain legal standards to be considered valid. Here are some key factors that can make a traffic stop invalid:

Lack of Reasonable Suspicion

For a traffic stop to be valid, the police officer must have reasonable suspicion that a traffic violation has occurred or that the driver is involved in criminal activity. Reasonable suspicion is a lower standard than probable cause but requires more than a mere hunch. It must be based on specific and facts the officer can articulate.

Valid Reasonable Suspicion

Observing a driver weaving between lanes, running a red light, speeding, or exhibiting other signs of impaired driving are all good reasons for an officer to make a stop.

Invalid Reasonable Suspicion

Officers may not stop a vehicle based solely on the driver’s race, gender, or age, or because of its style (a red sport scar, for instance), or just at random without any observable traffic violation or suspicious behavior by the driver.

Improper Execution of the Stop

Even if the officer has reasonable suspicion, the stop must be conducted in a proper and lawful manner. This includes the way the officer signals the driver to pull over and the manner in which the stop is carried out.

Valid Stop

The officer should use lights and sirens to signal the driver to pull over in a safe location.

Invalid Stop

Forcing the driver to stop in an unsafe location or using excessive force without justification could invalidate the stop.

Unlawful Extension of the Stop

A traffic stop should not be extended beyond the time necessary to address the reason for the stop unless the officer develops additional reasonable suspicion of criminal activity. Prolonging a stop without valid reasons can make it unlawful.

Example of a Valid Extension

An officer notices the smell of alcohol or drugs during the stop, providing reasonable suspicion to extend the stop for further investigation.

Example of an Invalid Extension

An officer detains the driver longer than necessary for a routine traffic violation without any additional reasonable suspicion, just on a “hunch” or “gut feeling.”

Lack of Probable Cause for Arrest

If a traffic stop leads to an arrest, the officer must have probable cause to believe that a crime has been committed. Probable cause is a higher standard than reasonable suspicion and requires sufficient evidence to warrant the arrest. Observing open containers of alcohol in the vehicle, the driver failing a field sobriety test, or a positive result from a breathalyzer test are all probable cause.

While passing a field sobriety test is a positive factor, it does not guarantee that you will beat a DUI charge. A comprehensive defense strategy that challenges all aspects of the arrest and evidence is necessary. With the assistance of an experienced DUI attorney, you increase your chances of successfully defending against a DUI charge, so get in touch with us at Cannon & Associates in Oklahoma City, OK, to book a consultation. Let us help you get the best possible outcome for your criminal defense case.