Understanding Field Sobriety Tests: Insights from Jerald Novak

Navigating the intricacies of DUI and DWI charges can be a daunting experience. One of the foundational components often discussed but not always fully understood is the Field Sobriety Test (FST). With a multitude of misconceptions surrounding it, Jerald Novak & Associates, specializing in DUI & DWI and Criminal Defense, sheds light on this crucial aspect of the DUI arrest process.

What are Field Sobriety Tests (FSTs)?

Field Sobriety Tests are a series of physical and cognitive tests that law enforcement officers administer on the spot to individuals they suspect of driving under the influence of alcohol or drugs. Their primary purpose is to provide tangible evidence of a driver's impairment, justifying the arrest.

The Common Field Sobriety Tests

While various tests can be conducted, three are recognized as standard by the National Highway Traffic Safety Administration (NHTSA):

• Horizontal Gaze Nystagmus (HGN): This test involves following an object with the eyes to detect an involuntary jerking movement, which can indicate impairment.

• Walk-and-Turn: The suspected individual is asked to take nine steps in a straight line, heel-to-toe, turn on one foot, and return in the same manner.

• One-Leg Stand: The individual stands on one foot while counting aloud until the officer instructs them to stop.

Reliability and Controversies

While FSTs are designed to be objective, their results can be influenced by various factors, making them contentious in the legal arena. Physical conditions, nervousness, footwear, and even road conditions can affect performance. As seasoned DUI & DWI attorneys, Jerald Novak & Associates often underscore these inconsistencies when representing their clients.

Your Rights During a Field Sobriety Test

Understanding your rights during an FST is paramount:

• Right to Refuse: While law enforcement may not always inform you, you have the right to refuse an FST. However, this refusal can have implications, such as an immediate license suspension in some jurisdictions.

• Silence is Golden: Anything you say can be used against you in court. If you're unsure about your responses, it's best to remain silent or request an attorney.

• Challenging FST Results: If you believe the FST was not administered correctly, this can be challenged in court. An experienced Criminal Defense Attorney like Jerald Novak can dissect the nuances of the test's administration to potentially discredit the results.

Insights from Jerald Novak & Associates

Having defended countless clients against DUI & DWI charges, Jerald Novak & Associates offers a wealth of insights on FSTs:

• Subjectivity is Rife: While the tests are designed to be objective, the administering officer's judgment plays a significant role in interpreting results. This subjectivity can be a potent defense angle.

• Training Matters: Not every law enforcement officer is adequately trained in FST administration. Highlighting an officer's lack of training or lapses in following proper protocol can be pivotal in a defense strategy.

• Medical Conditions: Many medical conditions can mimic signs of impairment. It's crucial to bring any medical issues to the forefront, as they can influence FST results.

• Documentation is Vital: If you're subjected to an FST, make a note of every detail post the event - from road conditions to the officer's instructions. This documentation can aid your attorney in building a robust defense.

Conclusion

Field Sobriety Tests, while a common tool in the DUI arrest process, come with their own set of complexities and nuances. For anyone facing DUI or DWI charges, understanding FSTs and their implications is vital.

Jerald Novak & Associates stands at the forefront of DUI & DWI defense, ensuring that every individual's rights are protected and that they're armed with the best possible defense strategy. With their expertise, navigating the intricacies of FSTs and the broader DUI legal landscape becomes a journey you don't have to take alone.