Field sobriety testing for DUI/DWI is a crucial element in DUI/DWI prosecution and defense. It is also the best way the State can establish the probable cause, which must be established before a suspect can be arrested and then charged with DUI/DWI. Field sobriety testing for DUI/DWI can also be used by the Court to ultimately determine whether there are sufficient observations to determine intoxication in the absence of breath test results establishing a per se violation.
Field sobriety tests have numerous problems. Many times, Courts make decisions of great importance in deciding issues of probable cause and ultimate guilt based upon misunderstandings with regard to these tests.
Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970’s for the National Highway Traffic Safety Administration. The purpose of this research was to develop standardized tests which would provide a reliable method of determining intoxication from field sobriety tests. The researchers concluded that the three-test battery, which included the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, offered a reliable field sobriety testing procedure.
Types of Field Sobriety Tests include:
Horizontal Gaze Nystagmus (HGN)
Even if your performance on the Field Sobriety Tests is poor you still have many defenses available to win your case. Without an experienced DUI/DWI defense team fighting for you, you are in an unfair fight. You should act fast and act decisively.
Make an Appointment With The Guerami Law Firm. Contact us today to speak with an experienced Maryland lawyer regarding an arrest for DUI/DWI. We offer free consultations that are always confidential.