Indiana DUI/OWI Cases and Standardized Field Sobriety Tests (SFSTs)

If you’re facing DUI (driving under the influence) or OVWI (operating a vehicle while intoxicated) charges in Indiana, knowing your rights around Standardized Field Sobriety Tests (SFSTs) is crucial to building a sound defense. Here at the Marc Lopez Law Firm, we understand the challenges you’re up against, and we’re here to help. Let’s unpack the history, purpose, and limitations of SFSTs and explain how we work to protect our clients’ rights in DUI and OWI cases.

What Are Standardized Field Sobriety Tests (SFSTs), and Why Are They Used?

SFSTs are a set of roadside assessments designed to help law enforcement identify signs of impairment. Developed by the National Highway Traffic Safety Administration (NHTSA), SFSTs consist of three primary tests: the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn (WAT), and One-Leg Stand (OLS). Their purpose is to provide a structured approach to help officers assess a driver’s sobriety and, in certain cases, establish probable cause for an arrest. However, as we’ll discuss, these tests have limitations that are critical to understand, especially when building a defense.

The Purpose and Limitations of SFSTs

In Indiana, officers may ask you to perform SFSTs if they suspect impairment based on observable behavior, scent of alcohol, or other sensory indicators. But while these tests are widely used, they’re not infallible and don’t provide direct evidence of your blood alcohol content (BAC). Each SFST is intended to evaluate different aspects of coordination, attention, and balance, but there are many legitimate reasons—such as anxiety, fatigue, or medical conditions—that can negatively impact performance on these tests. Knowing the limitations of SFSTs and the conditions under which they were conducted can make a significant difference in your case.

A Brief History of SFSTs: Where Did These Tests Come From?

SFSTs originated in the 1970s when NHTSA partnered with the International Association of Chiefs of Police to develop reliable roadside tests for impairment. These tests were standardized by the early 1980s, and law enforcement agencies across the country adopted them as a consistent method for identifying impaired drivers. The goal was to create an objective framework that officers could rely on, but as our attorneys know, SFSTs are not without flaws. The testing protocols are rigid, and any deviation by officers can call the test results into question.

Breaking Down the Three SFSTs

• Horizontal Gaze Nystagmus (HGN): The HGN test assesses involuntary eye movement, which can become exaggerated under the influence of alcohol. During the test, an officer asks you to follow an object (often a pen or flashlight) as they move it side-to-side. If your eyes begin to jerk at particular angles, the officer may consider it a sign of impairment. This test can be telling, but factors like neurological conditions and certain medications may also trigger involuntary eye movements.
• Walk-and-Turn (WAT): The WAT test examines balance and your ability to follow instructions under divided attention conditions. You’ll be asked to walk heel-to-toe along a line, turn, and walk back. Officers look for specific signs, such as balance loss or starting too early, to assess impairment. However, uneven surfaces, poor lighting, or existing medical conditions can impact results, which we work to demonstrate in cases where these tests are used against our clients.
• One-Leg Stand (OLS): In this test, you’re asked to stand on one leg while counting aloud. Officers watch for signs like swaying, using arms for balance, or putting the foot down early. As with WAT, it’s another divided-attention test, but factors unrelated to alcohol—such as anxiety or physical limitations—can affect results.

What Do SFSTs Actually Prove?

SFSTs are observational tools, not definitive measures of BAC or intoxication. While officers are trained to administer them under standardized guidelines, environmental factors like road conditions, weather, and lighting can impact your performance. Additionally, SFSTs often only provide circumstantial evidence of impairment, meaning that even a poor test result doesn’t guarantee that you’re over the legal BAC limit or impaired to the point of being unable to safely operate a vehicle.

Challenges and Defenses Against SFST Results

The attorneys at Marc Lopez Law Firm are well-versed in the practical and legal limitations of SFSTs. Here are just a few of the issues we frequently examine:

• Environmental Factors: SFSTs are often conducted roadside, where uneven surfaces, poor lighting, and inclement weather can interfere with results. Our firm carefully reviews the conditions in which SFSTs were conducted to identify potential challenges to their validity.
• Health or Medical Conditions: Pre-existing conditions affecting balance, coordination, or eye movement can unfairly influence SFST performance. We work to present these factors to the court to counter a simple assumption of intoxication.
• Officer Training and Protocol: While officers receive training, any variation in how the test is administered can call the results into question. Strict adherence to protocol is required, and we thoroughly examine each aspect of the officer’s administration for possible errors.

Do You Have to Take SFSTs in Indiana?

In Indiana, SFSTs are generally voluntary. While cooperation with law enforcement is often advisable, drivers have the right to refuse these tests. It’s essential to remember, though, that refusing a field sobriety test can sometimes heighten officer suspicion and may lead to further testing requests or an implied consent warning for a chemical test. Refusing a certified chemical test, such as a breathalyzer, does carry its own set of penalties under Indiana’s implied consent laws, including a license suspension of up to one year.

Why Marc Lopez Law Firm Is Equipped to Handle Your DUI/OWI Case

The Marc Lopez Law Firm provides an approach to DUI/OWI defense built on knowledge and experience. Here’s how we make a difference:

• Deep Understanding of SFSTs: Our attorneys have a thorough understanding of SFST procedures, scientific underpinnings, and common pitfalls. This knowledge allows us to challenge improperly conducted or misinterpreted tests, protecting our clients from unwarranted charges.
• Proven DUI Defense Strategies: We have successfully defended numerous clients facing DUI/OWI charges by identifying procedural issues, inconsistencies, and gaps in evidence. Our approach blends aggressive defense tactics with meticulous analysis of every detail.
• Client-Focused Representation: We know that every DUI case has unique circumstances. We take the time to understand your individual situation, tailoring a defense strategy that covers every step, from arrest to court proceedings.
• Knowledge of Indiana’s DUI Laws: Indiana’s DUI laws are complex and ever-evolving. Our attorneys stay current on legal updates and leverage every aspect of Indiana law to challenge weak evidence, reduce charges, or secure alternative sentencing options.
• Guidance on Implied Consent and Refusal Laws: We help our clients understand Indiana’s implied consent laws and the possible consequences of refusing a test. With our guidance, you’ll be well-informed and ready to make the right decisions for your case.

Conclusion

A DUI/OWI charge in Indiana is serious, and having the right team in your corner makes all the difference. The Marc Lopez Law Firm is dedicated to defending clients charged with DUI or OWI, applying our comprehensive approach, legal experience, and commitment to client success. If you’re facing a DUI or OVWI charge, don’t hesitate to reach out. Call us today at 317-632-3642, and let us help you take control of your defense. Remember—always plead the 5th!