Age & Weight Related Defenses to Field Sobriety Tests
The regulations for the proper administration of Standardized Field Sobriety Tests recognizes that not all people will have the same ability to successfully complete the tests even if sober.
When NHTSA developed and tested the Standardized Field Sobriety Tests, particularly the Walk and Turn and One Leg Stand tests, it determined that both age and/or weight could be potential issues with the results of the tests. It certainly makes sense that a 70 year old man would not be able to complete these tests the same way a 20 year old man could.
NHTSA took weight and age into consideration and determined that a person over the age of 65, and people more than 50 pounds overweight could not perform the Walk and Turn or the One Leg Stand tests the same way other people could.
Although police officers will still administer the Field Sobriety Tests to people who are not candidates for these tests, the tests will not hold the same credibility in court.
Further, 65 years old and 50 pounds overweight are not bright line rules, each case and each person must be looked at individually to ensure that the person was a proper candidate to perform these tests.
Jason Korner represented a young female schoolteacher in a DWI case
where a Missouri State Highway Patrol Trooper administered the Field Sobriety Tests to the young lady. The young lady was 100 pounds overweight and the Field Sobriety Testswere
administered in the rain.
Of course the young lady did not perform well on the Field Sobriety Tests under these circumstances.
Once Mr. Korner explained all of the facts and circumstances to the jury in the criminal DWI trial, the jury quickly returned a Not Guilty verdict for the young lady.
If you or a loved one has been charged with DWI please call The Law Office of Jason A. Korner at (314) 409-2659
It is important to have your case reviewed by a knowledgeable lawyer who focuses on aggressive DWI defense. Jason Korner has been certified in the Administration of Field Sobriety Tests which allows him effectively challenge a police officer’s knowledge and administration of these tests.