In Indiana, police officers pull over potentially drunk drivers and use field sobriety tests to check whether or not they are fit to drive. However, these tests are not entirely foolproof. Sometimes, even if you are completely sober, you might fail a test, and an officer can charge you with DUI, leading to your wrongful conviction.
Common mistakes officers make during field sobriety tests
There are three field sobriety tests sanctioned by the National Highway Traffic Safety Administration (NHTSA): the Walk-and-Turn, the One-Leg Stand and the Horizontal Gaze Nystagmus. Each of these tests determines your coordination, reflexes and ability to think. However, complications can arise if you fail the sobriety test even if you have not consumed any alcohol. This often happens when an officer makes one or more of the following mistakes:
- Incorrect instructions: Sometimes, police officers might give poor demonstrations or unclear instructions. If they fail to explain what you need to do, they may mistake your confusion for being under the influence.
- Poor observation: Officers might neglect to record all the necessary details, such as how long the test took, where it happened, factors that could have affected the outcome or how well you actually did during the test.
- Ignoring relevant characteristics: Your age, disabilities and injuries can affect how well you do during field sobriety tests. Officers must consider your physical and mental characteristics as possible limitations.
- Non-standard tests: On rare occasions, police officers might require you to perform additional steps not typically covered during field sobriety tests as part of their evaluation.
- Not considering outside interference: Environmental factors can affect certain parts of the test, such as uneven surfaces, harsh weather and poor lighting.
A wrongful DUI charge can potentially lead to a conviction even if you have not consumed any alcohol or illegal substances before driving. It is important to be wary when an officer makes a mistake or if you feel there were factors preventing the test from being conducted properly.
Challenging DUI charges
One of the best ways to challenge a wrongful DUI charge is to familiarize yourself with Indiana’s DUI laws and defenses, and this is best done with guidance from an attorney. It can be difficult to know your rights or make sense of complex laws without the help of a legal professional.