Challenging Field Sobriety Test Results in South Carolina
A trial lawyer offering client-centered advocacy, Stephen Krzyston, a Columbia, South Carolina resident, has more than a decade of criminal litigation and case management experience. As an attorney with Cavanaugh & Thickens, Stephen Krzyston has experience representing clients in the courts in many areas, including cases concerning field sobriety testing.
Field Sobriety tests are a group of tests - the horizontal gaze nystagmus test, the walk-and-turn test to measure balance and coordination, and the one-leg stand test - that measure a driver’s coordination, balance, and ability to multitask to ascertain if they are intoxicated. The results of these tests can also be used as evidence in court. Although these tests may validate law enforcement’s suspicions of driver intoxication, individuals can still challenge the results in court.
In South Carolina, individuals can get help from experienced DUI (driving under the influence) defense lawyers if they feel the officer improperly administered the tests. For instance, if the arresting officer violated any NHTSA requirements for appropriate administration or failed to give adequate instructions, the defense attorney may challenge the court to invalidate the results.
A DUI defense attorney may also challenge the results if traffic, road, or weather conditions affect the driver’s performance on the three tests. For instance, if a driver gets distracted by onrushing cars (traffic conditions) and loses balance while taking one of the tests, the attorney may defend against the test result being used as a defense against their client. The lawyer may claim that the driver was only reacting to their surroundings.















