If you’ve been charged with a DUI in Oklahoma City, find an OKC criminal defense lawyer right away: someone with experience in defending against DUI charges. An experienced local lawyer will understand the city and state regulations and may be able to challenge things like a field sobriety test. Here’s what you need to know about an FST.
What You Need to Know About Field Sobriety Tests in OKC
These tests are designed to assess a driver’s physical and cognitive functions to determine if they are under the influence of alcohol or drugs. Given the serious implications of a DUI charge, it’s important that these tests be administered correctly and under ideal conditions: and that’s not always a given.
The Oklahoma Implied Consent Law stipulates that by driving on state roads, drivers have implicitly agreed to submit to these tests if a law enforcement officer suspects impairment. However, the law also requires that officers have reasonable grounds to believe that the driver is under the influence before administering the tests. Reasonable ground has to be more than just a gut feeling: it must be something specific that the officer can explain that a “reasonable” person would find a reason to give the test.
The Standardized Field Sobriety Test (SFST) Battery
The National Highway Traffic Safety Administration (NHTSA) has established a standardized battery of field sobriety tests that are widely used across the United States, including in OKC. This battery includes the Horizontal Gaze Nystagmus (HGN) test, the Walk and Turn (WAT) test, and the One-Leg Stand (OLS) test. These tests are designed to measure different aspects of a driver’s physical and cognitive abilities.
The HGN test involves the officer observing the driver’s eyes as they follow a moving object, typically a pen or flashlight. The officer looks for signs of nystagmus (an involuntary jerking of the eyes), which can be an indicator of alcohol impairment. The WAT test requires the driver to walk heel-to-toe along a straight line, turn on one foot, and return in the same manner. This test assesses the driver’s ability to follow instructions, balance, and perform tasks that require divided attention. The OLS test involves the driver standing on one leg while counting aloud. This test evaluates the driver’s balance and ability to maintain concentration.
Factors Affecting Test Performance
Several factors that have nothing to do with drugs or alcohol can have a profound influence on a driver’s performance on FSTs, and these factors can lead to false positives. Physical conditions such as injuries, disabilities, or medical conditions can affect a driver’s balance, coordination, and eye movements. Environmental conditions, such as uneven surfaces, poor lighting, or inclement weather, can also affect the accuracy of the tests. Additionally, the driver’s mental state, including stress, anxiety, or fatigue, can influence their ability to perform the tests accurately.
Contesting FST Results
An experienced DUI attorney can challenge the validity of the tests by questioning the officer’s training and adherence to proper procedures, the conditions under which the tests were administered, and the driver’s physical and mental state at the time of the tests. Additionally, expert testimony can be used to dispute the reliability of the tests and their interpretation by law enforcement.
Training and Certification of Law Enforcement Officers
The effectiveness of these tests depends on the training and certification of the law enforcement officers who administer them. The Oklahoma Council on Law Enforcement Education and Training (CLEET) requires officers to undergo training programs that cover the theoretical and practical aspects of field sobriety testing. These programs include classroom instruction on the principles of impaired driving detection as well as hands-on training in administering and evaluating the standardized FSTs.
Officers must demonstrate their proficiency in conducting these tests before they are certified to use them in the field, and regular recertification is also required to ensure that officers stay updated on the latest techniques and legal standards. If an officer has failed to get this training or to keep it up as required, a good defense attorney can challenge this.
Psychological and Physiological Factors
Beyond the physical factors already discussed, psychological factors, such as anxiety, nervousness, and stress, can make it much harder for a driver to perform well on these tests. Being stopped by law enforcement and subjected to these tests is inherently stressful, and thus even sober drivers may exhibit “signs of impairment” that are really just signs of tension and nervousness. This is particularly relevant in cases where drivers have never interacted with law enforcement before.
Physiological factors, including fatigue and the effects of certain medications, can also influence test results. Fatigue can impair a person’s motor skills and cognitive functions, and this can mimic the signs of alcohol or drug impairment. Similarly, medications, both prescription and over-the-counter, can have side effects that affect coordination, balance, and eye movements.
Defense in DUI Cases
In DUI cases where FST results are being contested, your defense attorney may work with witnesses to provide testimony that can challenge the prosecution’s evidence. They typically have specialized knowledge in areas such as pharmacology, physiology, and the science of FSTs.
For instance, a pharmacologist might testify about how certain medications or substances that you were taking have side effects that could make it harder for you to pass an FST. A physiologist might explain how specific medical conditions might cause symptoms similar to impairment. Testing may be able to critique the methods used by the arresting officer and point out where there were deviations from standard protocols that undermine the reliability of the test results.
Working With an Oklahoma City DUI Attorney
Given how serious the potential consequences of a DUI charge are, it’s always wise to seek out a knowledgeable DUI attorney. A skilled attorney knows all your legal rights and is ready to go to bat to protect them. Your attorney can help you understand the implications of the tests and develop a strategic defense to contest the charges. Working with a good attorney, you have the best chance of achieving a good outcome.
Other Aspects of DUI Defense
For a DUI charge to hold, the initial stop by law enforcement must be lawful, and this means the officer must have had reasonable suspicion or probable cause to believe that a traffic violation or criminal activity was occurring. If it can be demonstrated that the stop was illegal, any evidence obtained subsequently, including FST results and breathalyzer readings, can be deemed inadmissible in court.
The accuracy and maintenance of breathalyzer devices is something else that can be challenged. Breathalyzers must be regularly calibrated and maintained to ensure their accuracy, so it’s important for your defense attorney to take a careful look at the maintenance logs and calibration records to see if there have been any lapses in proper upkeep.
Blood tests, which are often considered more accurate than breath tests, can be challenged at times, too. The handling and processing of blood samples must follow strict chain-of-custody protocols to prevent contamination or tampering. Any breach in these protocols can cast doubt on the reliability of the test results.
There’s even more than can often be done, so if you’ve been charged, don’t give up hope. Contact Cannon & Associates now for help.