Virginia Beach DUI Field Sobriety Test Lawyer

Knowledgeable DUI Defense Attorney for Field Sobriety Test Concerns in Virginia Beach

Most people are familiar with the concept of field sobriety tests at a DUI traffic stop—the walk-and-turn test, the one-leg stand, and the horizontal gaze tracking. Your performance on a field sobriety test can have a dramatic impact on your DUI case. However, they are not surefire indicators of drunkenness, and in fact, they can be challenged in court. For legal help after a DUI arrest, contact a Virginia Beach DUI defense attorney.

At Castellano Law Firm PLLC, we represent clients accused of DUI and other traffic violations. We can review field sobriety test evidence and build our defense accordingly, looking for weaknesses in the prosecution's case.

How Are You Judged On a Field Sobriety Test?

When an officer suspects a driver may be impaired, field sobriety tests are often used to gather evidence before making an arrest decision. Law enforcement commonly uses three standardized tests developed by the National Highway Traffic Safety Administration.

The horizontal gaze nystagmus test asks the driver to follow a moving object with their eyes while the officer looks for involuntary jerking movements. The walk-and-turn test requires the driver to take a series of heel-to-toe steps along a line, turn, and return. The one-leg stand asks the driver to hold one foot off the ground while counting aloud.

Each test comes with a specific set of clues the officer is trained to observe. On the walk-and-turn, for example, an officer may note whether the driver steps off the line, uses their arms for balance, takes the wrong number of steps, or starts before the instructions are finished. Two or more clues on that test alone can be recorded as an indication of impairment.

The scoring is largely dependent on the officer's observations in the moment, which introduces a degree of subjectivity into what is often presented as objective evidence.

Can You Refuse a Field Sobriety Test in Virginia?

Unlike breath or blood testing, field sobriety tests are not covered by Virginia's implied consent law. That means a driver can decline to perform them without facing the automatic license suspension that follows a refusal of a chemical test. Refusing a field sobriety test cannot be used against a driver in the same way that refusing a breathalyzer can.

That said, a refusal does not prevent an arrest. An officer who already has reason to suspect impairment may proceed with an arrest based on other observations, including the driver's appearance, behavior, and the smell of alcohol. Understanding the distinction between what you are legally required to do and what you are not is important in any DUI stop.

Disputing Field Sobriety Tests in DUI Cases

Field sobriety tests are presented as indicators of impairment, but the conditions under which they are administered can affect the results in significant ways. Uneven pavement, poor lighting, traffic noise, and weather conditions can all make it harder for a sober person to perform well.

Footwear, physical fitness, age, weight, fatigue, anxiety, and certain medical conditions can also affect balance, coordination, and eye movement in ways that have nothing to do with alcohol or drug use.

The officer's training and whether the tests were administered according to standardized procedures are also fair points of examination. Deviations from proper protocol can affect the weight the results should be given. In cases where the field sobriety test results form a significant part of the prosecution's evidence, a careful review of the testing conditions, the officer's conduct, and the scoring can reveal weaknesses at trial or during negotiations.

Meet With a Virginia Beach DUI Field Sobriety Test Defense Attorney

Field sobriety test results are not the final word on what happened during a traffic stop. At Castellano Law Firm PLLC, our attorney takes a close look at the evidence before drawing any conclusions about how to proceed. Call our office at 757-724-0073 or contact our Virginia Beach, VA drunk driving defense lawyer today to set up a free consultation.