Challenging the Basis of Your DWI Arrest
When a law enforcement officer suspects a driver of being impaired by alcohol or drugs, one of the first steps they typically take is to administer a series of roadside evaluations known as Field Sobriety Tests (FSTs). These tests – often including the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand – are designed to assess a driver's balance, coordination, and ability to follow instructions. While widely used, FSTs are highly subjective, prone to error, and frequently form the primary basis for a DWI (Driving While Impaired) or DUI (Driving Under the Influence) arrest.
It's important to understand that your performance on FSTs can be affected by numerous factors entirely unrelated to alcohol or drug impairment. Fatigue, nervousness, medical conditions (such as inner ear problems, leg injuries, or neurological disorders), certain medications (even over-the-counter ones), uneven roadside surfaces, footwear, and even weather conditions can all significantly impact your ability to perform these tests perfectly. Police officers are trained to look for specific "clues" of impairment, but these clues can often be misinterpreted or misattributed to intoxication.
Despite their widespread use, FSTs are often highly contested in DWI cases. Successfully challenging the administration or interpretation of these tests can weaken the prosecution's case, potentially leading to a dismissal or reduction of charges. Your constitutional rights are also crucial here; officers must have reasonable suspicion to even ask you to perform FSTs, and you generally have the right to refuse them. Understanding these nuances is vital for a strong defense.
Exposing Flaws in Field Sobriety Test Evidence
If your DWI charge relies heavily on your performance during Field Sobriety Tests, it is critical to seek experienced legal representation immediately. These tests are often the subjective lynchpin of the prosecution's case, and a skilled attorney can meticulously scrutinize their administration and interpretation to build a powerful defense. At Kins Law Firm, we are dedicated to providing aggressive and strategic representation for individuals challenging FST evidence in DWI cases.
Randall Kins established Kins Law Firm with an unwavering commitment to offering tenacious legal defense to those navigating the criminal justice system. We understand that FSTs are often biased and imperfect tools. Our comprehensive defense strategy when FSTs are involved includes:
Improper Administration: Reviewing police dashcam or bodycam footage to determine if the officer administered the tests strictly according to standardized protocols (e.g., correct instructions, proper demonstrations, environmental considerations). Any deviation can render the test results unreliable.
Medical Conditions & Physical Limitations: Presenting evidence of any pre-existing medical conditions, injuries, or physical limitations that could explain your performance on the tests, rather than impairment.
Environmental Factors: Documenting and arguing how external factors like uneven pavement, poor lighting, inclement weather, or inappropriate footwear could have affected your balance and coordination.
Officer Bias & Interpretation: Challenging the officer's subjective interpretation of your performance, including their training and experience, and whether they accurately observed or documented the "clues."
Lack of Reasonable Suspicion: Arguing that the officer lacked the initial reasonable suspicion to even request you perform FSTs, which could lead to the suppression of all subsequent evidence.
Right to Refuse: In jurisdictions where FSTs are voluntary, asserting your right to refuse and arguing against any negative inferences drawn from that refusal.
Our goal is to challenge the reliability and validity of the Field Sobriety Tests, aiming to weaken the prosecution's case and pursue every possible avenue to seek a dismissal, reduction of charges, or to minimize the severe penalties associated with a DWI. We are committed to fighting tirelessly to protect your driving privileges, your freedom, and your future.
Do not let flawed Field Sobriety Test results jeopardize your future. Take the proactive step to secure expert legal representation. Call Kins Law Firm today to schedule a free, confidential consultation. We are here to provide the experienced and determined legal defense you need in this critical situation.