Knowing how to contest field sobriety tests at the Administrative License Revocation (ALR) hearing can mean the difference between an active and suspended or revoked license. Challenging field sobriety tests in Minnesota involves presenting evidence and arguments that cast doubts on the credibility of the test results. This may involve presenting proof of poor test administration, inadequate instructions, and physical health issues. Getting legal support and representation from a DUI attorney for a failed sobriety test during your ALR hearing can bolster your odds of avoiding license suspension, or at least minimizing its impact.
At Keller Law Offices, we understand the impact that a failed field sobriety test can have on your driving privileges. That is why our aggressive DWI lawyers are willing to give you the legal support to challenge field sobriety test results at an ALR hearing successfully. Call (952) 913-1421 today to request a free initial consultation.
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Common Reasons Field Sobriety Tests Are Unreliable
In 2021, 24,324 DWI arrests happened in Minnesota. These arrests were most likely made after the administration of field sobriety tests. But these tests are inherently subjective. They are prone to inaccuracies. Thus, the reliability of field sobriety tests is a concern in an ALR hearing. Some common reasons for unreliable test results include:
Poor Test Administration
Traffic patrol officers conduct field sobriety assessments to estimate a driver’s impairment level. They usually test body coordination, balance, and response to simple instructions. Standardized tests include Walk-and-Turn, One-Leg Stand, and eye movement tests. Guidelines govern the administration of each test. The test result will be unreliable if the administering officer did not follow the guidelines.
Health/Medical Conditions
An individual’s physical health and other medical complications can impact the reliability of field sobriety test results. Someone sick or with a physical disability may “fail” the test.
Improper Instructions
The test results would be deemed unreliable if the officer fails to provide adequate instructions or at least ensure you are aware of what is expected of you.
What Role Do Sobriety Tests Play in the ALR Hearing?
If you get pulled over for a DUI, the officer will issue a Notice of License Revocation during the arrest. This notice immediately suspends or cancels your driver’s license. Generally, you have a legal right to contest this action by requesting an ALR hearing.
Sobriety test results serve as evidence during the hearing. They determine whether you will regain your driving privileges or they will remain suspended. An administrative law judge (ALJ) will focus on understanding aspects of the field test, such as:
- Did the police officer have probable cause to pull you over for a field sobriety test?
- Was the DWI arrest lawful?
- Did the arresting officer follow the right procedure during test administration?
- Did you fail the preliminary test?
- Did you consent to the breathalyzer/chemical test?
- Was your blood alcohol concentration above the legal limit?
The judge will consider these aspects, evidence from both sides, and other relevant facts before deciding whether to keep or lift the license suspension or revocation.
How to Present Evidence Against the Field Sobriety Test
Challenging field sobriety test results is an effective defense in an ALR hearing. As mentioned earlier, the results of these tests aren’t always reliable. It is possible to tilt the odds in your favor with an effective defense strategy. Defense strategies that can prove effective against field sobriety test results include:
Insufficient Instructions
Police officers must guide you properly and ensure you have fully grasped the instructions. If not, your lawyer can argue that you failed the test because of inadequate instructions rather than the impairment level.
Administrative Errors
The law provides guidelines on how police officers must administer sobriety tests. The officer must be well-trained on proper test administration procedures. You have grounds for challenging the test results if the police officer seemed unfamiliar with the administration guidelines or made serious blunders during the administration. Body cam footage can help support your administrative error claims.
No Definitive Scoring Criteria
Unlike breath tests, field sobriety tests do not have a standardized scoring criterion. This makes it hard for an officer to determine your intoxication level accurately. Your DWI lawyer can cross-examine the arresting officer to expose inconsistencies in the scoring of the observed results.
Nervousness
Getting stopped and questioned by a traffic police officer can be a stressful experience for some people. The officer ordering you to perform physical tasks while observing you may make you even more nervous. Your lawyer can argue that you failed the field sobriety tests because you were nervous, especially if that is what truly happened.
Harsh Environmental Conditions
Physical assessments, such as the one-leg stand and walk-and-turn, require an even and stable surface. You may have strong grounds to question the reliability of the test if the officer forced you to perform these tests on uneven or slippery ground. Pictures and videos of the area where the test was performed can be instrumental in corroborating your claims. Videos of you performing the test can also come in handy.
The Role of a DUI Attorney in Fighting Your License Suspension
Don’t feel helpless, even if you fail a field sobriety test. Instead, retain an experienced DWI lawyer immediately. The subjective nature of these tests provides an opportunity to challenge their reliability and reduce the chances of your license getting suspended.
Your lawyer will look at the circumstances of your case. The lawyer will then determine the best legal approach to challenge the test results. The lawyer may, for instance, question the test results’ reliability by having an expert witness testify about the limitations of the tests and cross-examining the arresting officer.
Your lawyer may also review dash and body cam footage and obtain compelling evidence to dispute an officer’s reasonable suspicion for DWI. Medical records can also prove helpful in your case if you have a physical disability or complications that may have hindered you from passing the test.
At Keller Criminal Defense Attorneys, we have helped many drivers in Minnesota facing DWI charges obtain a favorable outcome from ALR hearings. Contact us today if you have failed a sobriety test or have an upcoming ALR hearing. We will work closely with you to develop the best strategy for challenging the test results.
