Answer:
In West Virginia, a field sobriety test can absolutely be challenged.
In West Virginia, a field sobriety test can absolutely be challenged. They were designed by our federal government, the National Highway Traffic Safety Administration in the, late seventies, early eighties, and there’s like bullet points for each of the three. And there’s a training manual that each officer does at the academy that they are supposed to do each and every time.
That’s why they call ’em standardized. And if they don’t administer tests correctly, excuse me, then the performance can totally be challenged. And then a judge can suppress that from evidence before a jury could ever even hear it.