Our Indianapolis DUI Attorneys Will Fight Every Aspect of Your Case
The primary tool a police officer uses to support their belief that a driver is Operating a Vehicle While Intoxicated is their observation of how a person performs the Standardized Field Sobriety Tests. The Standardized Field Sobriety Tests were developed by the National Highway Traffic Safety Administration in the 1970s, and were designed to assist officers in determining whether there was probable cause to believe that a driver had a Blood Alcohol Concentration of .10 or higher. Later reviews in the 1990s also determined that these tests could help determine whether a driver’s Blood Alcohol Concentration was at .08 or higher.
There are three Standardized Field Sobriety Tests used by officers in DUI investigations today. Those tests are:
An Experienced OVWI Attorney Can Help You Fight the Results of the Field Tests
These tests are not foolproof. Taking the HGN test alone has a success rate of approximately 77% in determining intoxication; “failing” all three of the Field Sobriety Tests has a success rate of approximately 80% in determining intoxication. This means that there is still a margin of error of between 20% and 23% that a person who “fails” these tests is not actually intoxicated. Additionally, if the tests are not administered in the proper manner, the results are considered compromised. Many officers, either because of poor training or laziness, don’t perform the tests in the proper manner, making their observations and conclusions subject to attack at trial.
It is important that you understand that just because the tests may have been administered incorrectly does not mean that the officer will not be able to testify at trial as to his observations. Indiana law holds that a problem with the test goes to how credible the test is, not whether it is admissible as evidence. Aggressively pursuing whether these tests were performed in the manner required by law can put you in an excellent position to prove to the jury that you are not guilty of Operating a Vehicle while Intoxicated, and we will fight to ensure that you are in the best position to discredit the officer’s observations at trial.
Hire the Attorneys Who Can Help Protect Your Freedom
DUI charges can be devastating and can drastically upend your life. One of the major issues that the Prosecutor will rely on to claim that you’re guilty is your performance on the Field Sobriety Tests. If you have been charged with a DUI offense, it’s important to find experienced attorneys who can help you establish why a Jury shouldn’t rely on the Field Sobriety Tests.
Contact Razumich & Delamater in today, and begin building the proper defense for your DUI.