There are certain considerations to take when performing tests that can be essential in the investigations, such as for some individuals it would be difficult for them to perform the field sobriety test. In the training manual for performing a DUI investigation that is given to police officers, there is a section that talks about weight or obesity being a potential limit on people’s ability to perform the test accurately. That is important for a judge to hear, so attorneys will have their client testify as to their weight at the time of the investigation and how their weight affected their ability to perform field sobriety test. There is not any doubt that weight can adversely affect the ability to perform a test and police are supposed to know that.
The investigation is basically the same for first and second offenses, but an attorney might present it in a different way from a first versus a third DUI only because they most likely have a different forum. With a third DUI offense, they present it to a jury not a judge, which could alter the arguments an attorney would make.