Challenge a Nevada DUI Field Sobriety Test
How to contest a Field Sobriety Test results after being arrested for DUI in Nevada
It is illegal in Nevada to drive a vehicle under the influence of alcohol or drugs. Most arrests for Driving Under the Intoxication (DUI) are made after a field sobriety (or, more commonly, roadside test) is made. When a police officer pulls over a driver and suspects they may be impaired, they will ask them to perform several actions along the side of the road. These tests are intended to determine if the driver is impaired. All actions must be done correctly in order to pass the test. This article will take a closer look at Nevada’s field sobriety tests, and how you can challenge them in court after a DUI arrest.
Anyone suspected of driving while impaired will be requested to execute a field sobriety exam. You have the right to refuse to take a field sobriety exam as a driver. Many people believe refusing to take this test will reflect on you and make it more difficult to obtain a favorable outcome for your case. I disagree. I don’t believe that taking a field sobriety test is a benefit to you. It is only the officer’s subjective observations that are included in his report. He will not be able to properly evaluate your performance if he suspects you are under the influence.
A breathalyzer may be used by the police officer to determine your blood alcohol content. The officer may request chemical testing depending on your circumstances. This is to confirm that you are not intoxicated. Do not take a portable breath test at the scene of the arrest. These tests are not reliable and the actual reading in Nevada is not admissible. Nevertheless, if you are arrested, you must take a breath test or submit to a blood test at the station. If you do not, your license will be suspended for at least one (1) year.
Are There Any Factors That Influence the Results of A Nevada Roadside Sobriety Test?
Although these tests are standardized, they are not always accurate. According to the National Highway Traffic Safety Administration’s information, the accuracy of the walk and turn test is only about 68%. This test can be inaccurate for many reasons. Sometimes people aren’t able to do the test correctly because they lack the coordination or dexterity. They may also have vertigo, tinnitus or another medical condition. Ringing in their ears could indicate an ear infection. This could affect their balance. Sometimes, an officer might not have administered the test correctly, and the results may not be reliable.
Drivers who are obese or have medical conditions may not be able to pass the standard field sobriety test. The test location can also impact the outcome. It can be difficult to walk straight if there are many bumps and dips on the road. Sometimes, the test is done on a busy freeway where cars speed by at high speeds or when it is very cold so people might shiver. It will have a negative impact on their performance.
Can you challenge a Field Sobriety test in court? YES!
You have the right to challenge your field sobriety test results if your DUI case is brought to trial in Nevada. You can use these results as part of your defense since the tests are not very accurate. Here are a few ways you might use arguments to challenge the validity of the test results:
1. The first is to question the accuracy of field sobriety tests. The accuracy of a field sobriety test is not perfect, by far. You can call into question the police officer if they administered the tests incorrectly, or asked you to do tests they didn’t need, as evidence of your defense.
2. After the stop, the police did something illegal. It is illegal for a police officer to remove you from your car using force. This could be used to dismiss your DUI charges. You should also mention any other circumstances that might have affected the test results.
3. You were not driving under the influence. If you were not drunk, then you could not be driving under the influence. The field sobriety tests should not have been used in this case.
4. Your airbag went off after a collision and you now have a concussion. This will impact your ability to understand and perform the tests correctly.
5. You were truly tired. Vince Lombardi, the legendary Green Bay Packers football coach said that fatigue makes us all cowards. It can also impact your ability to pass Field Sobriety exams.
You could be arrested or convicted for driving under the influence if you make mistakes during the testing process. A DUI lawyer in Las Vegas can help you if you are wrongly accused of driving under the influence after a field sobriety test. Contact our office today for a free case evaluation.