Field Sobriety Tests and DWI

Minneapolis DWI Defense Attorney

Police officers observing someone driving in such a way as to suspect the use of alcohol may stop them and perform a field sobriety test. An officer may also conduct this type of test if they pull over a driver for another violation and suspect the person has been drinking. Such tests are always performed by the officer in the field and are used to determine if an officer has probable cause to suspect a DWI and the request of blood or chemical tests.

There are standard and non-standard types of field sobriety tests in the state of Minnesota. Standard tests include:

• The one-leg stand – Driver is asked to stand on one leg and may be asked to alternate legs
• Walk and turn – Driver is asked to walk a straight line
• Horizontal gaze nystagmus (HGN) test – Driver is asked to look at a pen while it is moved back and forth and the officer looks for nystagmus (involuntary jerking of the eyes)

To confirm the results of these tests, an officer may also conduct some non-standard tests such as asking a driver to stand with their feet together and head back, recite all or part of the alphabet, or count backwards.

If you have been charged with a DWI and failed a field sobriety test, call a Minneapolis DUI defense attorney and find out what you can do to challenge the results. Here at my firm, Grostyan & Associates PLC, I have helped many people in your situation and I am determined to see you get the best possible results for your case.

Fighting a Field Sobriety Test Result in Minneapolis

There are many reasons why a person can fail a sobriety test and not all of them are alcohol related. When being given an HGN test, a person may experience nystagmus due to things such as visual loss, brain tumors, or a stroke. The problem with a walk and turn test is that the results are subjective. It is the officer’s opinion that determines whether someone has passed and a driver may have physical issues that prevent them from performing it properly.

Understanding the problems of these kinds of tests, is one way that my firm will be able to prove that the results were inconclusive. I have 10 years of experience with these types of cases and will ensure you get the help you need. It is very possible to win your DWI case with the help of an experienced attorney.

Contact a Minneapolis DWI defense lawyer when you have been charged with DWI after failing a field sobriety test and I will help you understand your rights.