If a law enforcement officer stops you and suspects DUI, they will likely ask you to perform a field sobriety test. Officers must follow strict legal procedures when administering these tests, and if they fail to do so, the results may not be admissible in court.
If you need assistance navigating field sobriety tests in Greenville DUI cases, speak to an attorney. A skilled DUI lawyer from Christopher L. Jones, Attorney at Law, could help you avoid an unfair punishment.
Types of Field Sobriety Tests
Law enforcement must follow protocol when requesting any of the following field sobriety tests during a DUI stop in Greenville.
Horizontal Gaze Nystagmus (HGN) Test
This test measures the involuntary jerking of the eye as it follows a moving object. Law enforcement officers look for signs that the eye cannot track a chosen object smoothly, which can indicate intoxication. However, certain medical conditions could lead to the same results.
Walk-and-Turn Test
The walk-and-turn test requires you to take a series of heel-to-toe steps in a straight line, turn on one foot, and return in the same manner. During this test, the officer can evaluate balance and the ability to follow instructions. However, medical issues or simple nervousness can affect performance.
One-Leg Stand Test
For the one-leg stand test, an officer will ask you to stand on one foot while counting aloud for a specified duration. During this test, the officer will watch for swaying or hopping. Factors such as fatigue and poor balance can influence the outcome.
Can You Refuse a Field Sobriety Test?
In South Carolina, there are no legal consequences for refusing to take a field sobriety test. However, if you refuse, the officer will likely demand a chemical test such as a breath, blood, or urine test. Refusing chemical tests comes with consequences, sometimes resulting in an automatic 90 suspension of your driver’s license.
Although it is legal to refuse a field sobriety test in Greenville, doing so could harm your DUI case. Officers often decide that you may have something to hide and use your refusal to justify an arrest.
If you believe that you cannot pass these tests due to a certain medical condition or fatigue, you have the right to request a chemical test instead. In such cases, you should also ask to contact an attorney.
Field Sobriety Test Results
In a Greenville DUI case, the results of a field sobriety test can serve as evidence in court, but only if the officer followed standardized legal procedures. Law enforcement officers must have reasonable suspicion to stop a vehicle and probable cause to ask for a test.
If the officer failed to follow proper protocol or you can prove that a medical condition affected your performance, your attorney may be able to challenge the test results, and the court may exclude them as evidence.
Discuss Field Sobriety Tests in DUI Cases with a Greenville Attorney
Failing or refusing a field sobriety test does not automatically mean you are guilty. If you are charged with a DUI, an attorney could help you understand how field sobriety tests in Greenville DUI cases work.
At Christopher L. Jones, Attorney at Law, we know how to successfully navigate DUI cases regardless of the field sobriety test results. Contact us to discuss your case today.
