There are many potential defenses for failed DUI field sobriety tests. The most common defenses include:
Inaccuracy and unreliability of DUI field sobriety tests
The test was taken in a poor environment
The defendant’s physical condition rendered them unable to perform FST tasks successfully
Procedural errors made by police officers or lack of appropriate training to administer the test effectively
If your Nevada DUI attorney uncovers discrepancies or mistakes, it can give them leverage when negotiating dismissed or decreased charges.
If your case goes to trial, it can be challenging for the prosecution to use FST results to prove intoxication beyond a reasonable doubt. This is especially helpful for defendants whose test resulted in borderline BAC levels (i.e., .08 – .10 BAC) via evidentiary blood or breath tests.