In Nebraska, DUI (Driving Under the Influence) charges can have serious consequences, including hefty fines, suspension of your driver’s license, and even jail time. One of the most common pieces of evidence used in a DUI case is the field sobriety test (FST) or breath test results.
These tests are designed to assess a driver’s impairment based on physical and chemical measurements, but they aren't infallible.
If you have been charged with DUI in Nebraska, it's important to understand how to challenge the results of these tests. If you need legal guidance concerning a field sobriety or breath test, consider consulting our experienced DUI & traffic attorney at Anderson, Creager & Wittstruck, P.C., L.L.O. in Lincoln, Nebraska.
Our firm serves clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
Let’s explore the ways in which the results of field sobriety and breath tests can be challenged in Nebraska, and why having an experienced DUI & traffic attorney on your side can make a significant difference. If you need legal assistance, contact us at Anderson, Creager & Wittstruck, P.C., L.L.O. today.
The Basics of Field Sobriety Tests
Field sobriety tests are a series of physical and cognitive exercises administered by law enforcement officers to evaluate a driver's level of impairment. These tests are often subjective, meaning that they can be influenced by various factors, including the officer's training and experience, as well as the driver's physical condition at the time of the test.
Common types of field sobriety tests include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. Each test is designed to measure a specific aspect of motor coordination, balance, and concentration, which are affected by alcohol and other drugs.
However, field sobriety tests aren't foolproof and can be challenged in several ways:
Challenging Officer Observations
Training and experience of the officer: Not all law enforcement officers are trained in conducting field sobriety tests. If the officer wasn’t properly trained or didn’t follow correct procedures during the administration of the tests, the results may be invalid.
Environmental factors: The conditions under which the tests were conducted can significantly impact their accuracy. Poor lighting, wet or uneven surfaces, or distractions from nearby traffic can make it difficult for a person to perform the tests correctly, even if they’re sober.
Physical conditions: Medical conditions, such as vertigo, neurological disorders, or even age, can impair a person’s ability to perform the tests accurately. Furthermore, drivers with physical disabilities or injuries may struggle with the walk-and-turn or one-leg stand tests, regardless of their sobriety.
The Subjectivity of Field Sobriety Tests
Field sobriety tests rely heavily on the officer’s subjective observations of a driver’s performance. For example, an officer may interpret slight swaying as evidence of impairment, when it could simply be due to a driver’s nervousness or an unstable surface.
Similarly, an officer’s assessment of eye movements during the HGN test can be influenced by their own expectations or biases.
If the officer’s observations weren’t accurately documented or if they made assumptions about the driver’s impairment based on their personal judgment rather than objective evidence, it may be possible to challenge the results of the field sobriety tests.
While field sobriety tests can be subjective, breath tests are often viewed as more reliable. However, there are still ways to challenge the results of a breathalyzer test.
The Breathalyzer Test and Its Limitations
The breathalyzer test is one of the most common tools used by law enforcement officers to measure a driver’s blood alcohol content (BAC). The device estimates BAC by measuring the alcohol content in a driver’s breath after they blow into the machine. While breath tests are generally seen as more objective than field sobriety tests, they aren’t without their flaws.
Common Issues with Breathalyzer Tests
Calibration and maintenance issues: For a breathalyzer test to be accurate, the machine must be properly calibrated and maintained. If the machine hasn’t been calibrated according to manufacturer guidelines or hasn’t been properly serviced, the results could be inaccurate. It's important to check whether the device used in your case was calibrated regularly.
Mouth alcohol contamination: If a driver burps, vomits, or regurgitates during the 15-minute observation period before taking the test, alcohol in the mouth can affect the results. Even small amounts of alcohol on the tongue or in the mouth can artificially inflate the BAC reading.
Medications and medical conditions: Certain medications and medical conditions can affect breathalyzer results. For example, drivers with diabetes or those who are on a low-carb diet may have elevated acetone levels in their breath, which can interfere with the accuracy of the breathalyzer reading. Similarly, mouthwashes or breath fresheners containing alcohol can cause a false high reading.
Improper administration of the test: The breath test must be administered according to strict protocols, including a mandatory 15-minute waiting period before the test is given. If the officer failed to follow these procedures, it could provide grounds for challenging the test results.
Chain of Custody Issues
In some cases, the breathalyzer results can be challenged on the grounds of improper handling or chain of custody issues. If the evidence wasn’t properly documented or transferred between officers, it could cast doubt on the accuracy or integrity of the results.
Additionally, if the arresting officer failed to properly document the time, temperature, or other environmental factors that could affect the breath test, it could further weaken the reliability of the results.
If you feel that your breath test was improperly administered or that it’s inaccurate, there are specific steps your DUI & traffic attorney can take to challenge the results in court.
How a DUI & Traffic Attorney Can Challenge Test Results
A DUI & traffic attorney is crucial when challenging the results of field sobriety and breath tests. An attorney experienced in DUI defense will be familiar with the common pitfalls of these tests and will know how to investigate and gather the necessary evidence to support your case.
Gathering Evidence and Expert Witnesses
When challenging field sobriety and breath test results, gathering the right evidence is crucial. Expert witnesses can provide the required knowledge needed to cast doubt on the reliability of the tests.
Expert witnesses: In some cases, an expert witness, such as a toxicologist or a specialist in field sobriety testing, may be required to testify about the flaws in the testing procedure or the scientific inaccuracies of the results. An expert can explain how factors such as medical conditions or environmental issues could have affected the test outcome.
Officer testimony and records: Your attorney will carefully review the police reports and the officer’s testimony regarding the tests. If the officer made any mistakes in administering the tests or didn’t follow proper procedures, it may be possible to discredit the evidence.
By thoroughly examining the officer's actions and the circumstances surrounding the tests, your attorney can identify weaknesses in the prosecution’s case and use them to your advantage.
Challenging the Prosecution's Case
In many DUI cases, the prosecution relies heavily on field sobriety and breath test results to build their case. If these results can be effectively challenged, it can weaken the prosecution’s case and increase the chances of a favorable outcome.
Questioning the validity of the tests: Your attorney may argue that the results of the field sobriety tests or breathalyzer were invalid due to improper procedures, environmental factors, or medical conditions. By casting doubt on the accuracy of the tests, your attorney can argue that the evidence should be excluded from consideration.
Negotiating plea deals: Even if the results can’t be completely dismissed, a skilled DUI & traffic attorney may be able to negotiate a plea deal on your behalf, which could reduce the charges or penalties.
It’s clear that field sobriety and breath tests have their limitations, but understanding your legal options and having the right attorney on your side can help you challenge these results effectively.
Speak to a DUI & Traffic Attorney Today
If you have been arrested for DUI in Nebraska, it’s important to know that field sobriety and breath tests aren't always foolproof. Whether due to environmental factors, physical conditions, or improper test administration, there are several valid reasons to challenge the results of these tests.
Working with our experienced DUI & traffic attorney at Anderson, Creager & Wittstruck, P.C., L.L.O. can help you manage your case and improve your chances of achieving a favorable outcome. We’re proud to serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County.
Challenging test results is a critical aspect of defending a DUI charge, and a skilled attorney can provide invaluable assistance in gathering evidence, questioning the prosecution’s case, and protecting your rights. If you’re facing DUI charges in Nebraska, consult with us at Anderson, Creager & Wittstruck, P.C., L.L.O. today to explore your options and mount an effective defense.
