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Yes, roadside test results are regularly challenged on how the test was administered, the officer’s training, NHTSA compliance, and conditions the officer failed to account for. In Illinois, you’re within your rights to refuse these field sobriety tests without penalty, but if you do submit to them, you give the State evidence it can use against you. An attorney can help you challenge all these points to fight the charges.
Challenging Administration
When calling into question the reliability of the evidence provided from roadside tests, DUI defense lawyers look at several key things. They consider whether the instructions were given as they were trained to give them and if the officer demonstrated them. Video from dashcam and body cam gives an unbiased perspective of everything that occurred. The surface and lighting can also be challenged, as an officer who expects you to walk a straight line in complete darkness needs to account for your hesitation when you can’t see.
How reliable these tests are comes down to how the tests were scored against the correct clue set (the standardized scoring criteria set by NHTSA) that officers use. Often, their opinions may be very different from what was captured on the footage, which provides an opportunity to challenge.
Challenging the Officer
Another angle to challenge is in the officer who made the traffic stop. Their training records and certification status are discoverable evidence and our firm looks at how recently the officer was trained or received a re-certification. The way the officer documents the report, and whether that account matches the video also goes to the training, reliability, and believability of the arresting officer.
The Video Problem
During the Illinois DUI court process, video serves as the most concrete evidence. Both body and dash camera footage frequently show steadier performance of the accused than the written report describes. Reports that are written up after the fact also tend to compress and make inaccurate or unfair characterizations.
A side-by-side comparison of the wording in the report against the footage is standard in DUI defense, and Attorney Erin Conner reviews both closely to spot the discrepancies in every case. Our guide, Field Sobriety Tests in Illinois: What You Need to Know, deeply details these roadside tests, including what the standard tests are and what is often asked that is not part of the NHTSA’s tests.
Attorney Insight
“Failure to adhere to administration protocols and failure to account for environmental or medical conditions can undermine testing results and is a frequent challenge our firm makes to the weight to be given to the tests.” – Erin K. Conner, Founding Attorney and former Chief of the Criminal Bureau, St. Clair County State’s Attorney’s Office
Even a standard DUI charged as a misdemeanor can result in jail time, fines, and create a permanent criminal record that will follow you around in your personal and professional life. The Conner Law Firm challenges field sobriety test evidence in courtrooms across St. Clair, Madison, and Monroe Counties, and throughout southern Illinois, on behalf of drivers charged with DUI. Our deep understanding of the prosecution side is the reason our firm can have the edge you need in your DUI case. Call (618) 277-2421 or text (314) 944-5553 today to schedule your consultation.
