There is a common misconception among law enforcement, lawyers, and the public that standardized field sobriety tests are reliable and accurate indicators of intoxication. In reality, field sobriety testing protocols can be incredibly faulty and just plain wrong. Thomas A. Corletta, Attorney at Law is a DWI lawyer who has served clients throughout the Rochester, NY, area for more than 35 years. Here, he discusses why field sobriety tests are unreliable.

3 Reasons Field Sobriety Tests Are Unreliable

1. Many People Can't Perform The Testing When Sober

There are three parts to the standard field sobriety testing protocol. The horizontal gaze nystagmus (HGN) test tracks eye movement; the walk-and-turn test measures coordination and bodily movement; and the one-leg stand test gauges balance. This testing can yield inaccurate results simply because many sober people can't even successfully pass it. Older people, overweight individuals, and out-of-shape individuals would be especially hard-pressed to pass this test even with no alcohol in their systems.

2. Scoring Is Subjective

Officers who conduct field sobriety tests are given considerable free reign in scoring. Though there is a scoring system in place, the test is actually designed to be failed. Officers who have already pulled over someone they suspect of drunk driving and are putting through the phases of the sobriety test have typically already decided whether or not that driver is guilty. If you've experienced the faulty nature of field sobriety tests, let DWI lawyer Thomas A. Corletta, Attorney at Law help you explore your legal options.

3.  Weather, Lighting, & Road Conditions Are Unreliable

Given the physical nature of the field sobriety test, one should have a flat, well-lit, smooth surface on which to perform the assessment. Roadsides are not the ideal place to conduct this testing. Most field sobriety tests are conducted at night and in the dark, and there is the added question of if the weather and conditions of the road are conducive to a successful test.

Field sobriety tests leave much to be desired. If you've been charged with a DWI after failing a field sobriety test, attorney Corletta will give you the proactive legal counsel you deserve. Call Thomas A. Corletta, Attorney at Law at (585) 546-5072 to schedule a consultation with a DWI lawyer, or visit him online. You can also visit his firm on Facebook and Twitter to keep updated on news and legal advice.