Silver Spring Field Sobriety Tests Lawyer

Field Sobriety Test Attorney Defending Clients in Silver Spring, MD

Field sobriety tests are only accurate if they are performed under tightly controlled conditions. That would mean that to produce a scientific and reliable result, these DUI tests would have to be administered on a flat surface and in good weather. Any underlying medical conditions that could impact the results would have to be ruled out. The people taking the tests would have to be wearing the proper footwear. Otherwise, it is very likely that the results of these tests have less to do with a person's level of alcohol or drug-induced impairment and more to do with the conditions he or she took the test under.

The Law Offices of Gerstenfield & Demirji, PC. is skilled in analyzing the full set of circumstances surrounding field sobriety tests to uncover any outside factors that might have made a person appear more impaired than he or she was. Our lawyers will consider a large number of factors to determine how accurate or inaccurate your field sobriety test results might have been. If we are able to show that the odds were stacked against you when you were asked to walk a straight line due to issues like the weather or your health, we may be able to have your case dismissed.

Common Problems That Interfere With Field Sobriety Tests

Imagine a group of students taking a final exam. If one group was placed in a quiet, climate-controlled room while the other was asked to take the test on the playground during recess on a windy day, which group of students would almost certainly perform better? It would be quite unfair to accuse the students who took the test on the playground of having not studied because they did not score as well.

Likewise, it is not reasonable to expect people to take field sobriety tests under wildly different circumstances and hold them all to the same standard. Some of the most common issues that can cause false positive results on field sobriety tests include:

  • Wind, rain, and snow - High winds can interfere with a person's balance, while rain or snow can make it more difficult to focus or see what you are doing. Poor weather can also make it harder to understand what the officer is saying. Further, the weather might have had an impact on your driving. If you were stopped for driving too slowly or briefly hydroplaning, this may have had more to do with the weather conditions than your level of impairment.
  • Improper footwear - Someone wearing flip-flops or high heels is more likely to appear unbalanced or stumble during the test than someone wearing sneakers.
  • Poor walking surfaces - If you were trying to take the test on a slippery, sloped, uneven, or rocky surface, you might have had greater difficulty than someone taking the test on flat pavement. Where you happen to have pulled over can have an enormous impact on the results of your tests.
  • Medical conditions - A variety of medical problems including leg injuries, arthritis, neurological conditions, or ear problems could cause an unsteady gait or balance issues.
  • Mental health issues - Conditions like panic disorder or autism could have made it very difficult to comply with an officer's detailed directions in an extremely stressful situation.
  • Hearing problems or auditory processing disorders - If you could not hear and understand what the police officer was saying, you may not have been able to follow every instruction.

Breath or blood tests can also be unreliable if they are not performed correctly under carefully controlled situations.

Contact a Silver Spring, MD Field Sobriety Tests Attorney

The Law Offices of Gerstenfield & Demirji, PC. will raise any concerns related to the accuracy of your field sobriety tests. Our dedicated Silver Spring, MD DUI lawyers will build the best defense possible on your behalf. Contact us at 301-589-9500 for a complimentary consultation.

badge badge badge badge badge badge
Back to Top