Field Sobriety Tests

Defense Attorney Against Failed Field Sobriety Test

In Oregon, driving under the influence of intoxicants (DUII or DUI) involves a surprising amount of technical evidence. There are many technical issues that can be challenged, including administration of the field sobriety test.

As your defense lawyer, I will carefully investigate the field sobriety test to look for opportunities to challenge the results. I offer a free initial consultation to discuss your case.

The field sobriety test or FST is not an exact science. As a former CLS prosecutor for the Multnomah County District Attorney’s Office in Oregon, I know exactly how to evaluate the prosecution’s case and pinpoint issues the prosecution might overlook. For example:

  • You could have an injury or be on medication that creates a false positive.
  • If your eyes jerked during the horizontal gaze nystagmus test (where you follow a stimulus such as a light), the police officer will say that is because of alcohol. However, there are other things besides alcohol that can cause your eyes to jerk.
  • The FST is performed under stressful circumstances in which anyone could fail, whether he or she had been drinking or not. If you fail even two or three parts of a 15-part test, the officer may consider you to have failed the test.
  • Many tests are not videotaped and are based on subjective interpretation of the police officer.

Many people think they do not have a choice to take the field sobriety test. However, you are not required to take the test in Oregon. If the officer did not explain that the test was voluntary, we can seek to suppress the results.

Speak with a skilled field sobriety test lawyer prior to talking with anyone else. Contact my law firm to begin building your defense to your DUI charges today.