You got pulled over for driving under the influence (DUI). The officer asked you to perform the field sobriety tests, and you complied because you didn’t know you had the option not to (unlike the breathalyzer, the field sobriety tests are not mandatory in South Carolina). Despite your best efforts, you failed. Does this mean your case is over?
No. Not at all.
While prosecutors can use your field sobriety test results against you, you can also dispute your results in court. There are several possible ways to do so. As a result, while you cannot ignore the fact that you failed the field sobriety tests, you should not let this fact dissuade you from fighting your DUI, either.
10 Ways to Dispute Field Sobriety Test Results in South Carolina
So, how can you fight your DUI if you failed the field sobriety tests? Here are 10 possible ways to dispute field sobriety test results in South Carolina:
1. Your DUI Stop was Unconstitutional
In South Carolina, the police can only pull you over if they have “reasonable suspicion” that you are guilty of a crime. This means that they cannot pull you over on the off chance that you have been drinking, nor can they pull you over based on your race, color, sex, or any other irrelevant factor. If the police pulled you over without reasonable suspicion, your DUI stop may have been unconstitutional, and this means that the prosecution’s evidence (including your field sobriety test results) could be inadmissible in court.
2. The Officer Failed to Provide Adequate Instructions
Were you unclear on what you were supposed to do during the field sobriety tests? If so, this wasn’t your fault. The police are required to provide clear, standardized instructions before administering these tests. If you failed the field sobriety tests because your arresting officer failed to provide adequate instructions, then your results should not be used against you.
3. The Officer Improperly Administered the Tests
In addition to providing appropriate instructions, the police must also properly administer the field sobriety tests. If your arresting officer failed to follow any of the requirements for proper administration, this may invalidate your test results as well.
4. The Officer Failed to Properly Observe You
When administering the field sobriety tests, police officers must closely observe DUI suspects for the entire duration of each test. If your arresting officer wasn’t paying attention or got distracted during one of your tests, then the officer may not have been in a position to conclude that you failed the tests as a result of alcohol impairment.
5. Road Conditions Impacted Your Performance
Failing the field sobriety tests does not automatically indicate that you are under the influence. Various other factors can lead to failure as well. One of these factors is the condition of the road. For example, if you stumbled because you stepped on a rock or roadside debris, or if you couldn’t balance because the shoulder was slanted or uneven, this could provide an alternate explanation for your failure.
6. Weather Conditions Impacted Your Performance
Weather conditions can also negatively affect your performance on the field sobriety tests. Is it possible that you failed the tests because you were shivering, because the ground was wet, or because it was too windy to keep your balance? If so, then your defense lawyer may be able to use this to prevent the prosecution from meeting its burden of proof.
7. Traffic Conditions Impacted Your Performance
What about the traffic conditions during your DUI stop? Were you distracted by cars whizzing by? Were you blinded by the headlights of oncoming vehicles? Were you afraid to stand as close to the road as the officer wanted you to stand? These are also factors that could explain why you performed poorly on the field sobriety tests even if your blood alcohol concentration (BAC) wasn’t above the legal limit.
8. Your Clothes or Shoes Impacted Your Performance
From baggy (or tight) pants to stiff boots and high heels, clothes and shoes can impact a person’s performance on the field sobriety tests as well. Remember, as a DUI defendant in South Carolina you don’t necessarily need to prove an alternate explanation for your performance—you just need to prevent the prosecution from proving that you were intoxicated beyond a reasonable doubt.
9. Your Health Condition Impacted Your Performance
Just as certain health conditions can increase your BAC, certain health conditions can also negatively impact your ability to perform the field sobriety tests. Anxiety, eye and ear conditions, illnesses, low blood sugar (hypoglycemia), and physical injuries are just a small sampling of numerous examples.
10. The Officer’s Subjective Assessment was Flawed
Finally, even assuming that none of these factors played a role in your case, it is still very possible that the officer’s subjective assessment of your performance on the field sobriety tests was flawed. Despite their widespread use, there are several widely-recognized issues with the field sobriety tests—including the fact that they inherently rely on the arresting officer’s personal perception.
Will Disputing Your Field Sobriety Test Results Be Enough?
Keep in mind that even if your field sobriety test results are unreliable, the prosecution could still have other evidence against you (i.e., your breathalyzer test results or your arresting officer’s dash camera footage). As a result, while it is important to dispute your field sobriety tests results if you have grounds to do so, it is equally important not to focus on these results exclusively. Fighting a DUI charge often requires a multi-faceted defense strategy, and you will need to work with an experienced lawyer who can assert all appropriate defenses on your behalf.
Discuss Your Case with North Charleston DUI Lawyer Rad S. Deaton
Did you fail the field sobriety tests during your drunk driving arrest? If so, North Charleston DUI lawyer Rad S. Deaton can determine what defenses you have available. To discuss your case with Mr. Deaton in confidence, call 843-225-5723 or request a free consultation online today.
