Most Common Reasons for Failing Field Sobriety Tests
Are field sobriety tests (FSTs) in Colorado accurate? While many motorists feel compelled to agree to a field sobriety test when they are stopped by law enforcement on suspicion of driving while ability impaired (DWAI) or driving under the influence (DUI), especially if they have not been consuming alcohol and have not used an intoxicating substance, there are actually many different reasons that a person can fail a field sobriety test that have nothing to do with intoxication.
Indeed, studies have shown that field sobriety tests, despite the fact that they continue to be used, are not effective measures of alcohol intoxication. A recent study in JAMA Psychiatry assessed the effectiveness of field sobriety tests in detecting intoxication with tetrahydrocannabinol (THC), the active ingredient in marijuana, and had a similar finding. The authors of that study determined that, when it comes to impairment with THC, “FSTs, absent other indicators, may be insufficient to denote THC-specific impairment in drivers.” In short, field sobriety tests often cannot accurately measure a person’s THC impairment, and various other factors can lead a driver to fail the test administered.
What are some of the most common reasons for failing a field sobriety test other than intoxication? Our Denver DUI defense lawyers can tell you more.
Medical Conditions
There are a wide range of medical conditions that can result in a driver failing a field sobriety test even if they are not impaired by alcohol, marijuana, prescription ADHD drugs, or another substance. Chronic illnesses like multiple sclerosis, heart disease, epilepsy, and diabetes can result in a person failing any of the three field sobriety tests used in Colorado. Other medical issues such as inner ear infections or infections caused by viruses or bacteria can also make it difficult to pass the FSTs in Colorado.
Atmospheric Conditions
Some atmospheric conditions, like extreme temperatures (either hot or cold, of which Colorado experiences both), or barometric pressure changes, can make it difficult for a person to pass any of the field sobriety tests administered in Colorado.
Stress
When a person is under immense stress, they may have difficulty focusing or balancing, which can affect any of the FSTs in Colorado, including the horizontal gaze nystagmus, walk and turn, and one leg stand. Stress may result from someone happening in that person’s life unrelated to being stopped by the police, but even being pulled over and asked to take a field sobriety test can affect a person’s stress levels.
Being Tired
If you are tired or fatigued, you may not be able to focus or to balance in such a way that you can pass any of the FSTs that could be administered. While drowsy driving may still result in a citation depending on why you were stopped, it should not be the cause of a DWAI or DUI arrest.
Contact a Denver DUI Defense Attorney
Whether you are facing DWAI/DUI charges after failing a field sobriety test or refusing a pre-arrest field sobriety test or breath test, it is critical to seek legal help with your defense. One of the experienced Denver DUI attorneys at DeChant Law can speak with you today to learn more about the circumstances of your arrest, and we can begin developing defense strategies to fight the charges you are facing. Contact us today to find out more about the criminal defense services we provide to clients in Colorado.
Sources:
nhtsa.gov/sites/nhtsa.gov/files/documents/sfst_ig_refresher_manual.pdf
pmc.ncbi.nlm.nih.gov/articles/PMC10398547/
