Failed Field Sobriety Tests? Your Medical Condition May Be to Blame

If a police officer pulls you over and asks you to take a field sobriety test, you may be shocked if you fail the test when you know you're completely sober. Unfortunately, a medical issue could have affected your test results.

If a medical condition affected your performance on a roadside field sobriety test, you're not alone. At Browning & Long, PLLC, our experienced Mecklenburg County criminal defense lawyers know how health issues can result in our clients being unfairly charged with DWI. We’re here to challenge your field sobriety test results and mount an aggressive defense strategy to fight the charges you face. 

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are a series of physical and mental exercises police use to assess whether a driver is impaired by alcohol or drugs. If you fail the tests, the officer could arrest you for drunk driving under N.C.G.S. § 20-138.1. The standard battery includes three tests:

• Horizontal gaze nystagmus (HGN). The officer looks for involuntary eye movements while having you follow a penlight or finger from side to side.
• Walk-and-turn (WAT). You take nine heel-to-toe steps along a straight line, turn around, and take nine steps back, all while keeping your arms at your sides.
• One-leg stand (OLS). You raise one foot about six inches off the ground and count aloud until the officer tells you to stop, usually after 30 seconds.

These tests are meant to be simple for sober individuals but challenging for those under the influence. However, many sober drivers with medical conditions can also struggle with FSTs, leading to unfair accusations of impairment.

What Medical Conditions Can Impact Field Sobriety Tests in Mecklenburg County?

Many common health conditions can make you seem intoxicated during field sobriety testing, even without you consuming a drop of alcohol. Some of the most frequent culprits include:

• Inner ear disorders. Conditions like vertigo and ear infections can throw off your balance and make you stumble during the walk-and-turn or one-leg stand.
• Neurological issues. Multiple sclerosis, Parkinson's disease, peripheral neuropathy, and other neurological health problems can all cause unsteadiness, tremors, and difficulty following multistep commands.
• Asthma and COPD. Respiratory diseases can leave you short of breath and dizzy, especially if the officer makes you perform tests on the side of a busy highway.
• Chronic pain. Arthritis, fibromyalgia, and spinal injuries can make it agonizing to stand on one foot or walk heel-to-toe in a straight line.
• Obesity. Excess weight puts added strain on your joints and muscles, making it painful and challenging to perform physical FSTs, especially the one-leg stand.
• Diabetes. Low blood sugar can cause dizziness, confusion, and slurred speech, which are all classic signs of impairment that can make you fail FSTs.

What Other Factors Can Make You Fail a Field Sobriety Test?

While medical conditions are a significant reason for sober drivers to fail field sobriety tests, they're not the only factor that can lead to unfair results. Other common issues that can impair your roadside performance include:

• Unreliability. FSTs are not scientifically precise and can yield false-positive results even when administered correctly. 
• Improper administration. Officers must follow strict guidelines when conducting FSTs, including giving clear instructions, demonstrating the tasks, and noting clues of impairment. If they deviate from these procedures, the results may be invalid.
• Officer experience. Less experienced officers may not be as skilled at administering FSTs or interpreting the results. They may also be more likely to rely on FSTs as the sole basis for a DWI arrest, even when other evidence suggests sobriety.
• Age. Older drivers may struggle with balance, coordination, and reaction time during FSTs, even if they're not impaired. This can skew their field sobriety test results.
• Footwear. High heels, flip-flops, and other unstable shoes can make it difficult to walk heel-to-toe or balance on one leg. 
• Uneven terrain. Sloped shoulders, gravel surfaces, and potholes can throw off your balance and make you appear intoxicated during the walk-and-turn and one-leg stand. While officers should find a level surface for testing, roadside conditions are rarely ideal.
• Weather conditions. Rain, snow, and high winds can make it challenging to maintain your balance and follow directions during FSTs. Cold temperatures can also cause shivering and teeth chattering, which officers may mistake for signs of impairment.
• Anxiety and nerves. The stress of being pulled over and investigated for DWI can make it hard to focus on the officer's instructions or to perform complex divided-attention tasks. Many sober drivers fail FSTs simply because they're nervous and intimidated.

These factors can compound the challenges of FSTs for drivers with medical conditions, leading to even more unreliable results. That's why it's critical to have our experienced criminal defense lawyers examine all the circumstances of your field sobriety testing to challenge the test results. By disputing the accuracy and fairness of FSTs, we can cast doubt on the prosecution's evidence and fight for a more just outcome in your case. We’ll also use other strong defenses tailored to your unique case. 

How Can Medical Conditions Strengthen Your DWI Defense?

While prosecutors often point to failed field sobriety tests as proof of intoxication, our skilled criminal defense lawyers know better. Our attorneys will carefully analyze how your health affected your roadside results by:

• Obtaining medical records. Documentation from your doctor can provide objective evidence of your medical condition and its impact on your physical and cognitive functions.
• Interviewing witnesses. If passengers or bystanders saw you struggling with balance, coordination, or understanding the officer's instructions, their testimony can support a medical DWI defense.
• Consulting experts. Medical specialists and other expert witnesses can explain how your specific health issues influenced your field sobriety test performance and validate your experience to a judge or jury. They can also explain other reasons the FST results may not be accurate.

Don’t Face DWI Charges Because of a Medical Issue Alone

An illness is not a crime, and it shouldn't lead to a wrongful DWI arrest. If a health condition marred your field sobriety test results, you need seasoned legal guidance to protect your rights and fight the DWI charges you face. 

At Browning & Long, PLLC, our dedicated criminal defense lawyers understand the nuances of medical DWI defenses. We'll meticulously investigate your case, challenge unreliable evidence, and fight for the fair outcome you deserve.