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Field Sobriety Tests

Aggressively Defending Clients for Over 25 Years

Kansas City Field Sobriety Tests

Are field sobriety tests accurate?

Field sobriety tests are given at the scene to establish probable cause to arrest. The three tests approved by the National Highway Traffic Safety Administration (NHTSA) are the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand tests. Police officers are trained to administer these tests in very specific, standardized ways to ensure their admissibility at trial.

NHTSA's own studies reveal significant error rates when officers fail to administer the tests correctly. Even when the tests are done correctly, the accuracy of the tests is far below 100% when measured against actual alcohol content in studies by the NHTSA. Also, a person's weight, footwear, physical impairments, and the lighting, surface conditions, and weather in the area are all known to affect performance.

There is no doubt that field sobriety tests are given a lot of weight by judges and juries. Many times, a review of the dash-cam video and the police report reveals errors and other defenses to the admissibility of these tests. Attorney Steve Schanker has the necessary knowledge and skill concerning NHTSA field sobriety training, administration, and performance to help you win your case. Call now for a free consultation.

Types of Sobriety Tests

There are three main field sobriety tests used in the U.S. The first is the walk and turn test. This divided attention test requires the driver to walk along a straight line heel-to-toe while counting their steps out loud. The second test is the one-leg stand. This is also a divided attention test and it requires them to balance while counting. Lastly, the horizontal gaze nystagmus test is used to examine exaggerated jerking in the eye. Although these tests are useful in determining whether or not a person is under the influence of alcohol, they are not completely accurate.

Kansas City DWI Charge

Whether you passed or failed any of these divided attention tests was entirely up to the officer who conducted the test, meaning that there is a chance of error. The results are often prejudiced by the fact that the officer already had suspicion before initiating the test. On top of this, it may have been difficult in any case for you to pass the test, based on footwear, weather, age, medical conditions, or your weight or other contributing factors. By the use of testimony as well as the dash-cam video from the police car, it may be possible to prove that the tests were not properly administered or that they produced a false positive. A Kansas City DUI lawyer can help you determine whether the field sobriety tests that led to your arrest may have been invalid.

Attorney Steve Schanker has more than 25 years of experience with DUI cases and has an extensive understanding of the strengths and weaknesses of field sobriety tests. He will meet with you directly to review your case and decide whether challenging the procedure and results of the test will be an effective strategy in your defense. If your future hangs in the balance, it is important to establish whether the evidence against you is valid or if you can avoid a conviction and the penalties that may follow you for years.

Contact a Kansas City DWI lawyer to learn more about challenging the evidence of a field sobriety test.

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Client testimonials

Strongly Recommended. Strongly Trusted.
  • "When your back is against the wall legally, call STEVE SCHANKER!!!!"
    Steve Schanker ESQ, where do I begin? Having been raised by a prominent Trial Attorney and having several other family members as attorneys, as well as having attended Law School myself, however choosing management as my career instead of the law, I believe I have a great body of knowledge of how to determine a great lawyer. Steve has defended me in two different extremely challenging situations. The first time I met Steve was in an extremely stressful DUI situation. I had spoken with a number of attorneys about my situation and most did not want to take the case on. I had a BAC of .14 and was pulled over driving 102mph on highway 70. Steve told me it was not a wise decision, however he also said he could help me. End result was not losing my license, a few hours of community service, and a Suspended Imposition of Sentence (SIS) which equates to not being convicted. Incredible result that I probably did not deserve which effectively saved my career! The second time I hired Steve was an even better result. I had just purchased a new car, and stupidly decided to see what it could do. I was taken out of my car after driving near 100mph in a 60mph stretch of road again, stupid ...I know, I was cuffed on the side of the road thinking I had really screwed myself this time around. However, I then called Steve and gave him the laundry list of charges including evading a police officer, road rage, the speeding etc....5 charges in all. What did Steve accomplish in my defense you may ask? He had 3 of the 5 charges dismissed entirely and two reduced to defective muffler status. 0 points, 0 moving violations......INCREDIBLE! If you ever have a legal need in any area that Steve specializes in you would be wise to hire Steve. Simply put he gets results! I wrote earlier my life experience helps me determine greatness in Attorneys, however that word doesn't describe Steve as a lawyer correctly....Simply put..... he is the BEST at what he does. I can't thank you enough Steve! JP
    - John P
    Leawood, KS
  • "Steve Schanker is a great choice if you need a lawyer!"
    Steve took my DWI case and thoroughly explained my options. He was able to work through the process and get the charge dropped to a lesser charge and Suspended Imposition of Sentence (SIS), no conviction, no points lost. He really is very knowledgable of the system and will work hard for you. I highly recommend him!,
    - Dan F
    Parkville, MO
  • "Amazing guy to work with."

    Steve was the 3rd attorney that I had discussed my options with for my DUI and the second I met with him I knew that he was going to be the one. He thoroughly listened to me and answered every question or request I had. 9 months later I needed Steve’s services again to get my probation ended early so that I could get a dream job. Steve went above and beyond and got it done for me. 10/10 would recommend him to anyone needing a DUI attorney. Amazing guy to work with.

    - Zach H.
  • "An excellent attorney"
    An excellent attorney. True to his word and a good communicator.
    - Mark