Why You’re Set Up to Fail on a Field Sobriety Test: Insights from Columbia, SC Defense Attorneys

If you’ve been pulled over on suspicion of driving under the influence (DUI) in Columbia, South Carolina, you may be asked to perform a field sobriety test. While these tests are designed to detect impairment, they’re far from foolproof. At Thompson & Hiller Defense, we understand the complexities of DUI cases and the pitfalls of field sobriety tests. Our attorneys, Lacey Thompson and Laura Hiller, are here to shed light on why these tests may be setting you up for failure.

What exactly is a field sobriety test?

A field sobriety test is a series of physical and cognitive assessments conducted by law enforcement officers to determine if a driver is under the influence of alcohol or drugs. In Columbia, SC, as in many other jurisdictions, these tests are often used as preliminary evidence to establish probable cause for a DUI arrest.

 

The National Highway Traffic Safety Administration (NHTSA) has validated only three standardized field sobriety tests:

 

1. Horizontal Gaze Nystagmus (HGN)
2. Walk-and-Turn (WAT)
3. One-Leg Stand (OLS)

 

It’s crucial to note that while these are the only validated tests, officers may use other non-standardized tests as well.

 

Do I have the right to refuse a field sobriety test in South Carolina?

Yes, you do. In South Carolina, you have the right to refuse a field sobriety test. However, it’s important to understand the potential consequences:

 

1. Your refusal can be used as evidence in court.
2. You may still be arrested if the officer has probable cause to believe you’re impaired.
3. Refusing a field sobriety test is different from refusing a breathalyzer test, which can result in automatic license suspension under SC’s implied consent law.

 

While refusing may have consequences, it could be in your best interest to decline the test, given their unreliability and the high likelihood of failure even when sober.

 

Why are field sobriety tests so difficult to pass?

Field sobriety tests are designed to be challenging, even for sober individuals. Several factors contribute to their difficulty:

 

1. Unfamiliar and unnatural movements
2. High-stress situation
3. Environmental factors
4. Subjective interpretation by officers

 

Let’s delve deeper into each of these factors to understand why you might be set up to fail.

 

How does pressure impact your performance on field sobriety tests?

Being pulled over by law enforcement is inherently stressful. When asked to perform a series of tests on the side of the road, your stress levels can skyrocket. This heightened state of anxiety can lead to:

 

– Increased heart rate and blood pressure

– Sweating

– Shaking or trembling

– Difficulty focusing or remembering instructions

 

These stress-induced reactions can mimic signs of intoxication, potentially leading an officer to conclude impairment where none exists. Even fully sober individuals may struggle to perform these tasks satisfactorily under such pressure.

 

Can asking for clarification hurt my case?

Surprisingly, yes. While it may seem natural to ask for clarification during a field sobriety test, it’s important to understand that any questions you ask may be interpreted as a sign of impairment. Officers are trained to look for specific clues indicating intoxication, and asking too many questions or not following instructions precisely might be seen as evidence of impairment.

 

How do environmental factors affect test results?

Field sobriety tests are often conducted in less-than-ideal conditions. In Columbia, SC, you might face:

 

– Uneven road surfaces

– Poor lighting conditions

– Inclement weather (rain, heat, or humidity)

– Traffic noise and distractions

 

These environmental factors can significantly impact your ability to perform the tests accurately. For example, maintaining balance on an uneven surface or walking a straight line on a sloped roadside can be challenging for anyone, regardless of their sobriety level.

 

Why is officer interpretation a concern in field sobriety tests?

While officers receive training in administering field sobriety tests, the interpretation of results can be subjective. Factors that may influence an officer’s judgment include:

 

– Preconceived notions or biases

– Fatigue or distraction

– Misinterpretation of nervous behaviors

– Lack of consideration for individual physical limitations

 

This subjectivity can lead to false positives, where sober individuals are wrongly assessed as impaired. Moreover, there’s no guarantee that the officer administering the test has received comprehensive training. Some departments may lack resources for thorough training, potentially leading to mistakes in test administration and evaluation.

 

Are there medical conditions that can affect field sobriety test performance?

Yes, numerous medical conditions can impact your ability to perform field sobriety tests successfully. Some examples include:

 

– Inner ear problems affecting balance

– Neurological conditions like multiple sclerosis or Parkinson’s disease

– Injuries or chronic pain affecting mobility

– Vision problems interfering with the HGN test

 

It’s crucial to inform the officer of any medical conditions that may affect your performance. However, in the stress of the moment, many individuals forget or feel uncomfortable disclosing this information.

 

What steps should you take if asked to perform a field sobriety test?

If you find yourself in a situation where an officer requests you to perform a field sobriety test in Columbia, SC:

 

1. Remain calm and polite
2. Consider politely declining the test (remember, it’s your right)
3. If you choose to take the test, inform the officer of any medical conditions or physical limitations
4. Pay close attention to the instructions and ask for clarification if needed, but be aware this could be used against you
5. Remember that you have the right to remain silent
6. Contact a defense attorney as soon as possible following the encounter

 

How can a defense attorney help if you’ve failed a field sobriety test?

If you’ve been arrested for DUI based on field sobriety test results, all is not lost. A skilled defense attorney can:

 

1. Challenge the administration and interpretation of the tests
2. Highlight environmental or personal factors that may have affected your performance
3. Question the officer’s training and qualifications
4. Explore potential violations of your rights during the stop and arrest
5. Investigate whether all three NHTSA-validated tests were used and administered correctly

 

At Thompson & Hiller, we meticulously examine every aspect of your case, including the circumstances surrounding your field sobriety test, to build a robust defense strategy.

Conclusion: Understanding your rights and the limitations of field sobriety tests

Field sobriety tests, while commonly used, are far from infallible. Their reliability is compromised by various factors, from the stress of the situation to environmental conditions and individual physical variations. Understanding these limitations and your rights is crucial when facing a potential DUI charge in Columbia, SC.

 

At Thompson & Hiller, we believe in the presumption of innocence and the right to a fair defense. If you or a loved one has been charged with DUI based on field sobriety test results, don’t assume all is lost. Our experienced attorneys, Lacey Thompson and Laura Hiller, are here to provide the dedicated legal representation you deserve.

 

Remember, a failed field sobriety test doesn’t automatically equate to guilt. With the right legal strategy, it’s possible to challenge these results and protect your rights. If you’re facing DUI charges in Columbia, SC, reach out to Thompson & Hiller for a consultation. Let us put our knowledge and experience to work for you, ensuring your side of the story is heard and your rights are vigorously defended.