If an officer suspects you are driving under the influence, they might pull you over and ask you to do three tests. These voluntary tests generally help officers gather evidence of impairment to justify an OWI arrest.
However, many external factors may affect your performance. Understanding these conditions and documenting them could help you defend yourself against a wrongful OWI charge.
Roadside conditions
Weather and road conditions may affect your performance during these tests. For example, rain, snow or ice could make it difficult to maintain your balance performing the walk-and-turn or one-leg stand tests. Uneven pavement, gravel or sloped surfaces may also affect your stability.
Poor lighting conditions at night might also make it harder to see where you are supposed to walk during certain tests. Other factors, such as wind and extreme temperatures, could affect your balance and coordination.
Your physical health
If you have certain medical conditions, such as inner ear problems, knee injuries or back pain, you may find it harder to keep your balance. In some cases, performing field sobriety tests could make your symptoms flare up, causing you pain or making it difficult to concentrate. Certain medications might affect your coordination or cause dizziness. Your age and weight may also influence your ability to perform these tests.
The importance of documenting external conditions
If roadside factors or medical conditions affect your performance during a test, it might help to document them. In Indiana, you generally have the legal right to record police interactions or take photographs of roadside conditions, so long as you do not get in the way of an officer’s duties.
Similarly, if you have any injuries or health conditions, it may be beneficial to obtain medical records. This could provide you with evidence if you need to protect yourself in court.
Protecting yourself during a traffic stop
Understanding these limitations does not mean you should refuse testing all the time, but it is worth remembering that field sobriety tests are not entirely foolproof. In a traffic stop, it might help to mention any relevant physical conditions or environmental concerns to the officer. Being mindful of external factors may help you protect yourself from a wrongful OWI charge.