DUI

Challenging Field Sobriety Tests in West Virginia DUI Drug Cases

Posted on by AccelerateEditor
Facing a DUI drug charge in West Virginia can be an overwhelming experience. You may feel confused, anxious, and unsure of what steps to take next. The good news is that you don’t have to navigate this complex situation alone. If you are dealing with the aftermath of a DUI drug arrest, it’s important to know that there are legal avenues to challenge the evidence against you, particularly the results of field sobriety tests. At our firm, we understand the stress you’re going through, and we are here to help you fight for the best possible outcome in your case. We can guide you through the legal process, examine the evidence, and work on your behalf to challenge field sobriety tests that may not have been conducted properly.

Understanding DUI Drug Cases in West Virginia

In West Virginia, DUI drug cases are treated seriously by law enforcement and the courts. A DUI drug charge occurs when a driver is found to be under the influence of illegal drugs or prescription medications that impair their ability to drive safely. Unlike alcohol-related DUI cases, DUI drug cases often involve more complex evidence. Police officers typically rely on field sobriety tests and other indicators to determine whether a driver is impaired by drugs. Field sobriety tests are physical exercises designed to measure a driver’s coordination and balance. These tests include walking in a straight line, standing on one leg, and following an officer’s finger with their eyes. However, field sobriety tests are not foolproof. There are numerous factors that can affect a person’s performance on these tests, even if they are not under the influence of drugs. These factors can range from medical conditions to poor weather conditions or even nervousness.

Why Field Sobriety Tests Are Not Always Reliable

Field sobriety tests are often seen as the cornerstone of DUI drug cases, but they are not always reliable indicators of impairment. One of the most important things to know is that these tests were originally designed for alcohol impairment, not drugs. While they can provide useful information in some situations, they are not perfect, and there are many reasons why they may not accurately reflect a person’s level of impairment.
Harley Wagner

Harley Wagner

Defending West Virginia Residents for over 24 Years

 For example, if a person has a medical condition such as a balance disorder, they may struggle with certain tests even though they are sober. Fatigue, anxiety, and even the stress of being pulled over by a police officer can also affect a person’s performance. It’s also possible that a person may have a legitimate reason for failing a field sobriety test, such as an injury or physical limitations, which may be mistaken for impairment due to drugs. One of the biggest issues with field sobriety tests is that they rely heavily on an officer’s subjective interpretation of the results. An officer may have a bias or make assumptions based on their experience or intuition, rather than looking at the full picture. In some cases, a person may be charged with DUI drugs simply because the officer believed they were impaired, even though their performance on the tests was due to factors unrelated to drugs.

Challenging the Accuracy of Field Sobriety Tests

When facing a DUI drug charge, one of the most important steps you can take is to challenge the accuracy of the field sobriety tests. There are several ways to challenge the results of these tests, and a skilled attorney can help you build a strong defense by pointing out flaws in the way the tests were administered or interpreted.

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Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”

- Antea Jarazi

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The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."

- Savanna Cummings

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Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."

- Clint Anderson

 One key aspect of challenging field sobriety tests is examining how the tests were performed. For example, were the tests administered according to the proper procedures? If the officer failed to follow the correct protocol, the results of the tests could be considered invalid. Our legal team can investigate whether the officer properly explained the tests, gave clear instructions, and ensured that the conditions were suitable for testing. If any of these factors were overlooked, we can argue that the tests were not conducted properly. Another important factor to consider is the officer’s training and experience. Field sobriety tests require specialized training to ensure that they are administered accurately and interpreted correctly. If the officer did not have the necessary training or qualifications, this could be grounds to challenge the test results. Additionally, we can question whether the officer was properly trained to detect drug impairment, as drug-related DUI cases often require a higher level of experience.

Alternative Explanations for Failing Field Sobriety Tests

There are many possible explanations for why a person might fail a field sobriety test that have nothing to do with drug impairment. As mentioned earlier, medical conditions, anxiety, and other physical factors can cause a person to appear impaired even when they are sober. It’s important to remember that field sobriety tests are not perfect and should not be used as the sole basis for determining a person’s guilt or innocence in a DUI drug case. One common challenge in DUI drug cases is the fact that there is no standard test for drug impairment. Unlike alcohol, which has a measurable blood alcohol concentration (BAC), drugs can affect individuals differently, and the level of impairment can vary widely based on the substance, dosage, and individual tolerance. Without a clear standard for measuring drug impairment, field sobriety tests may not accurately reflect a person’s true level of impairment.

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 In some cases, there may be no evidence of drug use at all, but the officer may rely solely on the results of the field sobriety tests to make their determination. By questioning the validity of these tests, we can create reasonable doubt in the case against you and potentially have the charges reduced or dismissed.

The Importance of Legal Representation in DUI Drug Cases

When it comes to DUI drug charges, it is essential to have an experienced attorney on your side. A skilled lawyer will know how to challenge the evidence against you, including field sobriety tests, and work to build a strong defense. In addition to challenging the field sobriety tests, your attorney will be able to examine other aspects of your case, such as the initial traffic stop, the officer’s conduct, and the use of other evidence like blood or urine tests. Together, these elements can form the foundation of a solid defense strategy. At our firm, we understand that being charged with DUI drugs is a stressful and confusing experience. We are here to guide you through every step of the process, offering support and providing legal strategies to fight the charges. Our goal is to ensure that your rights are protected and that you receive the best possible outcome in your case.

Case Results

DUI Felony 3rd Offense

Not Guilty

DUI 1st

Not Guilty

Aggravated DUI 1st

Charge Reduced

.08 DUI Causing Death

Case Dismissed

DUI Felony Fleeing / Attempted Murder by Vehicle

All Charges Dismissed

.14 Felony DUI Causing Death Case

Reduced to Misdemeanor

 If you are facing DUI drug charges in West Virginia, it’s important to act quickly. The sooner you contact an attorney, the sooner we can begin working on your defense. Field sobriety tests are not foolproof, and with the right legal strategy, we may be able to challenge the validity of the evidence against you. At The Wagner Law Firm, we are committed to providing compassionate and dedicated legal representation for individuals facing DUI drug charges. We will review the details of your case, challenge the evidence, and work tirelessly to achieve the best possible result. Don’t face a DUI drug charge alone—contact us today for a consultation and let us help you get the result you deserve.