When they believe that a driver cannot safely perform balance-based exercises during a DUI or BUI (boating under the influence) stop, police officers may choose to rely on seated sobriety tests. These tests are conducted while the driver is sitting down either on the curb, inside the patrol vehicle, or while seated on law enforcement’s patrol vessel. While they may seem more practical and forgiving than traditional field sobriety tests, their accuracy, reliability, and fairness are highly questionable.
For any individual facing an arrest for suspected DUI or BUI, understanding the limitations and implications of these tests is important, especially after speaking with a Clearwater defense attorney about how the results may affect your case.
The most concerning issue with seated sobriety tests is that there is a complete lack of standardization. Unlike the established field sobriety tests approved by the National Highway Traffic Safety Administration, these tests have no uniform method of administration or scoring. Officers have broad discretion in how they choose to explain the tasks, observe their performance, and interpret the results. That means that two separate officers could conduct the same test in different ways and reach inconsistent conclusions.
Because the methods vary so widely, prosecutors often try to rely on observations that are completely subjective rather than being reliable and more objective. However, this issue actually creates opportunities for your criminal defense attorney in Clearwater to challenge how the test was performed and whether your test performance can truly be linked to being impaired.
To put it plainly, any DUI-related traffic stop or BUI vessel stop can be stressful and distracting. You may have been seated awkwardly on the roadside, facing bright LED headlights, loud traffic, and the overall anxiety of an unexpected encounter with law enforcement. In vessel cases, you may have been on the water all day and in the sun.Concentration and coordination can both be affected by higher levels of stress or exhaustion and these evaluations depend heavily on mental focus. Medical issues may also play a role in overall test performance. Some drivers may have a mobility limitation, nerve condition, past injury, or difficulty processing instructions quickly. Fatigue or uneven seating surfaces can further hinder the results.
Because the results rely so heavily on an officer’s personal observations, these external factors can lead to wildly inaccurate and unfair interpretations. A Clearwater defense attorney can examine whether the operator’sphysical or medical circumstances were properly considered during the stop.
At The Law Offices of Marc N. Pelletier, we have over a decade of successful experience dealing with sobriety tests and both BUI and DUI cases throughout Pinellas County. Do not wait to consult with an attorney who will work with you to achieve the most favorable outcome for your case.
Call The Law Offices of Marc N. Pelletier today at (727) 493-9386 or request a free consultation from one of the top criminal defense attorneys in Clearwater.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.