Snohomish County Field Sobriety Test Lawyers

Challenging Field Sobriety Tests in Snohomish County

If you are stopped by police on suspicion of DUI, the officer will likely ask you to perform a field sobriety test to help determine your level of impairment. Failing a field sobriety test can give the officer grounds to arrest you for drunk driving, and this evidence is often a crucial part of DUI cases in Washington. 

It is possible to challenge the results of a field sobriety test, but it is strongly recommended that you hire an experienced DUI attorney who can help you navigate this process. If you have been charged with DUI after failing a field sobriety test, contact DUIHeroes right away to learn how we can help.

Contact us online or call (425) 296-9358 to schedule a free consultation with a Snohomish County field sobriety test lawyer at our firm.

The Three Types of Field Sobriety Tests 

There are three main types of standardized field sobriety tests: One Leg Stand, Horizontal Gaze Nystagmus, and Walk and Turn.

One Leg Stand Test

The one leg stand test is as straightforward as it sounds. You will be asked to stand on one leg for about 30 seconds while counting aloud by thousands. During the test, the officer will observe your balance. If you sway while trying to balance, put your foot down, or fall over, you will fail the test.

Horizontal Gaze Nystagmus (HGN) Test

In the horizontal gaze nystagmus (HGN) test, the officer will have you follow their finger or a small object, like a pen, with your eyes while keeping your head still. The officer will observe you during the test to see if your eyes jerk or bounce, which are signs of intoxication.

Walk & Turn Test

For the walk and turn test, you will be asked to take nine heel-to-toe steps along a straight line, turn on one foot, and then walk back in the same way. The officer will pay attention to whether you follow all directions, step off the line, need to use your arms to balance, take the incorrect number of steps, or fail to turn as instructed.

Can You Refuse a Field Sobriety Test in Washington?

Yes, you can refuse to take a field sobriety test in Washington State. Field sobriety tests are voluntary in nature; you do not have to perform them. By "cooperating,” you are not doing anything but helping the police gather evidence against you. Politely refuse to do the voluntary tests, refuse to answer any questions, and immediately ask for an attorney to be consulted.

BE READY to ask for a lawyer. But, also, be ready to be arrested. An arrest is usually going to occur if you refuse a field sobriety test, but that’s not what you really care about. You care about a conviction.

So how to avoid that?

Give as little evidence against yourself as possible. Exercise your right to remain silent and politely ask for a lawyer. You should remain calm and do NOT try to talk your way out of an arrest. Anything you say could be used against you in ways you may not expect. 

Failed Field Sobriety Tests Do NOT Guarantee Conviction

If field sobriety tests are not administered in a standardized way, the validity of the evidence is compromised. We have been trained and qualified to administer standardized field sobriety tests through the same courses law enforcement officers go through. Our team can use this training to evaluate whether the officer administered the tests correctly and challenge the results of your field sobriety tests.

To help defend clients and further strengthen their cases, our Snohomish County field sobriety test lawyers use a private investigator trained in standardized field sobriety testing. The use of an investigative specialist is vital, as there are numerous factors that can cause a person to fail a standardized field sobriety test.

Possible defenses against field sobriety test evidence include:

• The test was administered on unstable ground
• A medical condition hindered your ability to perform the test
• You were wearing unstable footwear
• The officer’s instructions were unclear
• You were distracted by the noise and lights of traffic

Combating False Field Sobriety Test Results

Field sobriety tests are subjective tests that are graded based on the officers' observation and judgment. Although they have been “scientifically validated,” they are riddled with sources of error. We can demand that certain factors be reviewed if these tests were used in your DUI case.

At DUIHeroes, our team uses a network of private investigators and expert witnesses for every DUI case. Founding attorney, Jonathan Dichter, is a trained and qualified instructor in field sobriety testing and DUI investigations. He has also completed the National Highway Traffic and Safety Administration's (NHTSA) basic and advanced classes and has obtained Forensic Sobriety Assessment certification, steps very few DUI attorneys have taken. He’s even become a qualified instructor in the basic NHTSA course. These courses help us to fully and completely evaluate the pre-arrest screening battery of the field sobriety tests.

Here are some key points we examine when reviewing the results of a field sobriety test on behalf of our clients: 

• Were the NHTSA Standardized Tests used?
• Were the tests conducted fairly and with clear instructions?
• Did weather or road conditions inhibit your ability to competently execute the demands of the tests?
• Was there any physical condition or disability present that affected your actions while the tests were being performed?
• Was the law enforcement officer involved operating from an impartial position?
• Was the officer properly trained in the administration of these tests?
• Were the tests performed according to the NHTSA standards and requirements?
• Were any unstandardized tests used?
• If you refused to take part in the tests, were you advised as to the consequences involved?

If you are facing a DUI charge following any field sobriety tests, our Snohomish County sobriety test lawyers can review this matter to look for information which may benefit your case.

Defense for Field Sobriety Test Results in Snohomish County

Our Snohomish County sobriety test lawyers have had extensive experience assisting individuals with DUI charges, and we understand the position in which you find yourself. The possibility that you may lose your license, have a criminal record, and face serious DUI penalties can be overwhelming. There are, however, many actions our firm can take in seeking an acquittal for you. One of these includes challenging any field sobriety tests related to your case.

Our certification in the NHTSA Field Sobriety Program—the same course officers are required to complete—affords our firm the ability to identify when these tests have been wrongly administered and unjustly leveraged. When these are presented to the court, they may have a significant bearing on the outcome of your case.

Contact our Snohomish County sobriety test attorneys at (425) 296-9358 if you have undergone field sobriety tests and then been charged with DUI.