The Standardized Field Sobriety Test (SFST) is a series of three tests used by law enforcement officers to assess a driver’s level of impairment due to alcohol or drugs. The three standardized tests are:
- Horizontal Gaze Nystagmus (HGN): The officer observes the eyes of the driver while they follow a moving object (usually a pen) to detect involuntary jerking, which can indicate intoxication.
- Walk-and-Turn Test: The driver is instructed to walk a straight line, turn, and return. This tests balance and coordination.
- One-Leg Stand Test: The driver must stand on one leg for a specified time while counting. This assesses balance and stability.
Common Ways to Suppress Evidence from SFST Performance
There are several potential legal arguments for suppressing evidence obtained from SFSTs:
- Improper Administration: If the officer did not follow proper procedures for administering the tests, the results may be deemed unreliable.
- Lack of Probable Cause: If the officer did not have sufficient probable cause to stop the vehicle initially, any evidence gathered during the stop, including SFST results, could be suppressed.
- Medical Conditions: If the driver has a medical condition (e.g., inner ear issues, injuries) that affects their ability to perform the tests, this can be used to argue that the results are not indicative of impairment.
- Environmental Factors: Poor conditions (e.g., wet surfaces, distracting environments) during the tests can affect performance and may be grounds for suppression.
- Officer Training and Experience: Challenging the officer’s qualifications and training in administering SFSTs can undermine the reliability of the test results.
- Improper Observation Time: Officers are required to observe the driver for a minimum time before conducting SFSTs. Failure to do this could invalidate the test.
- Test Subjectivity: The inherent subjectivity of the SFST evaluations may be argued, emphasizing that the results can vary significantly between individuals.
Consulting with a legal professional experienced in DUI cases is essential for effective defense strategies related to SFST evidence.