We Can Help!
INDIANA FIELD SOBRIETY TESTS
If asked to step from your vehicle and perform any field sobriety tests, please know that you are under NO LEGAL OBLIGATION to do so.
STANDARDIZED FIELD SOBRIETY TESTS (SFST)
The Standardized Field Sobriety Tests (SFST), the eye test, the one leg stand test, and the walk and turn test, are a regular part of the evidence the State will use to try to convict you of DUI. Officers are trained that these tests are scientifically sound indicators of impairment or lack of impairment however, not all officers follow their training and DO NOT perform the tests as they were trained making the results unreliable and questionable at best. It is not uncommon for officers to deviate from their training, after all everyone makes mistakes. These deviations may call into question if you were impaired at all. I don’t like to call them tests because the word test implies that they are accurate indicators and I do not believe that to be the case.
An important case regarding SFSTs is STATE v. HOMAN (732 N.E.2d 952, OHIO 2000). In that case the Ohio Supreme Court held that Standardized Field Sobriety Tests (SFSTs) conducted in a manner that departs from the methods established by the National Highway Traffic Safety Administration (NHTSA) “are inherently unreliable”. The court determined that the administration of the SFSTs, including the One leg Stand and Walk and Turn tests, must be performed in strict compliance with the directives issued by NHTSA. Your DUI attorney will check to see how the police did in terms of following their training.
In Carmel, drivers are asked to execute three different exercises.
THE NATIONAL HIGHWAY TRAFFIC AND SAFETY ADMINISTRATION
The National Highway Traffic and Safety Administration (NHTSA) claims that these “exercises” are the most accurate method of identifying an impaired driver. Therefore, the Carmel Police Department, and most law enforcement agencies in the state use these three tests as one method of identifying impaired drivers.
During their NHTSA training, officers are trained on the proper administration of the field sobriety exercises including, clear, accurate instructions on how you are to perform as well as clues of impairment to identify and note during the administration of the exercise. However, police officers often ignore their training, find short cuts, and ultimately make mistakes. Since most people charged with DUI want to get their case resolved as quickly as possible, these mistakes simply go unnoticed, and plead guilty to what might have been an avoidable conviction. Officers are trained to demonstrate each exercise to you prior to asking you to start. Nevertheless, it is not uncommon for the officer to only tell you the instructions. Then because you have never done the exercise before and the office has not demonstrated how to do the exercise the officer marks that you failed the test as evidence of your impairment.
In the course of their NHTSA field sobriety training the officers are taught to use an objecting scoring method. However, many officers will use subjective opinions, because it is just easier to do, rather than the objective scoring method which was part of their training. A seasoned DUI lawyer will use this as evidence that the tests are NOT reliable indicators of impairment.
Because resources are tight, there are police departments that use sobriety tests that have not been approved by the NHTSA. An attorney will point out that the federal government (NHTSA) believes that there are more accurate indicators for impairment that should be used.
The lawyers of Emerson Law have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.
We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.
LEARN MORE ABOUT INDIANA DRUNK DRIVING LAWS
- Right to Remain Silent
- Incriminating Statements
- DUI Evidence
- DUI Blood Alcohol Content
- DUI Breath Tests
- Field Sobriety Tests In Indiana
- DUI and Traffic Violations
INDIANA DUI LAWYERS FAQ'S
- What Is a DUI a felony?
- Will I have to serve jail time for my DUI / DWI?
- How long will a DUI / DWI stay on my record, counting as a prior offense?
- If I'm pulled over for suspicion of drunk driving, when must the police officer give me a breathalyzer or blood test?
- Can I get out of my DUI / DWI by plea bargaining for a wet reckless?
- After my DUI / DWI conviction, will I be required to install an IID?
- Will I lose my license for a DUI?
RESOURCES FOR THOSE CHARGED WITH DRIVING UNDER THE INFLUENCE
- Official Charged with DUI
- IC 12-23-14 Court Established Alcohol & Drug Services Program
- IC 12-7-2 Definitions
- IC 33-37-8 Local User Fee Funds
- Court Alcohol & Drug Program Rules
- Indiana Statutes related to Confidentiality and Reporting
- Federal Rules: 42 C.F.R Part 2 - Confidentiality of Alcohol and Drug Abuse Patient Records
- Court Alcohol & Drug Program Advisory Committee
- Program Directory
- NHTSA Impaired Driving
- Judge Resigns After DUI
- Woman charged with DUI in crash
- DAk Prescott DUI Arrest
- Drunk Driving Laws Don't Match Research
- Supreme Court decision will not impact Indiana DUI tests
JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana. Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.
How an Attorney Can Help
The State must prove it's case beyond a reasonable doubt. Your attorney's job is to challenge the State's evidence. Learn how an attorney can help with the use of Subpoena's and Depositions.
Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.
- JR Emerson, Attorney
I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.
- Jill Bracken-Emerson, Attorney
Schedule a Consultation Now!
If you need help we are happy to talk to you at no charge. Give us a call or click the button to make an appointment.
Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.
3091 E. 98th Street, Suite 180
Indianapolis, IN 46280
Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters. Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County. Please contact our office to learn how we can help.
Copyright © 2012-2019, Emerson Law L.L.C.
The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
This site makes use of licensed stock photography. All photography is for illustrative purposes only and all persons depicted are models unless otherwise noted.
JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.