Field Sobriety Tests in the 15th District Court: Understanding Your DUI Case in Ann Arbor

Facing a drunk driving charge in Michigan is a daunting experience, and if your case is being handled in the 15th District Court in Ann Arbor, it’s essential to understand the role of Field Sobriety Tests (FSTs) in your case. Judges Karen Valvo and Miriam Perry oversee DUI cases in this court, which serves the city of Ann Arbor and is known for its rigorous yet fair handling of drunk driving offenses.

Field sobriety tests are standardized assessments developed by the National Highway Traffic Safety Administration (NHTSA) to help law enforcement officers determine whether a driver is impaired by alcohol or drugs. However, these tests are not flawless, and their reliability depends heavily on proper administration. If mishandled, they can be challenged in court to weaken the prosecution's case against you.


What Are Field Sobriety Tests?

Field sobriety tests are designed to evaluate:

1. Balance and Coordination: Impairment often affects physical motor skills.
2. Cognitive Functioning: Intoxication can interfere with a person’s ability to follow instructions.
3. Physical Signs of Impairment: Officers look for observable clues such as swaying, difficulty balancing, or slurred speech.

In Michigan, these tests are commonly used as probable cause for a DUI arrest. However, they must be conducted according to strict NHTSA protocols. Failing to meet these standards can result in the evidence being questioned in the 15th District Court.


The Three Standardized Field Sobriety Tests

1. Horizontal Gaze Nystagmus (HGN) Test

Purpose:

The HGN test evaluates involuntary jerking of the eyes, which becomes more pronounced under the influence of alcohol.

How It’s Administered:

• The officer holds a stimulus (like a pen or flashlight) 12–15 inches from the driver’s face.
• The driver must follow the stimulus with their eyes only, keeping their head still.
• The officer observes each eye for three specific clues:
  1. Lack of Smooth Pursuit: The eyes do not follow the stimulus smoothly.
  2. Distinct Nystagmus at Maximum Deviation: Jerking occurs when the eye is at its farthest point to the side.
  3. Onset of Nystagmus Before 45 Degrees: Jerking begins before the eye reaches a 45-degree angle.

Scoring:
Each eye is evaluated separately, with a total of six possible clues. If four or more clues are present, the driver is considered likely impaired.

Issues in Administration:

• Proper lighting and minimal distractions are required.
• The officer must evaluate medical factors that could cause nystagmus unrelated to alcohol, such as certain medications or neurological conditions.

Challenging the HGN Test in Court:

• An experienced attorney can question whether external factors or medical conditions influenced the results.
• If the officer failed to follow NHTSA protocols, the test results could be inadmissible.

2. Walk-and-Turn (WAT) Test

Purpose:
This test assesses a driver’s ability to balance, follow instructions, and perform a physical task simultaneously.

How It’s Administered:

• The officer demonstrates the test and instructs the driver to:
  1. Take nine heel-to-toe steps along a straight line.
  2. Turn using a series of small steps, as demonstrated.
  3. Take nine heel-to-toe steps back along the same line.
• The driver is instructed to keep their arms at their sides, count each step out loud, and not stop walking until the test is completed.

Clues of Impairment:

• Losing balance during instructions.
• Starting before being told to do so.
• Failing to touch heel-to-toe on any step.
• Using arms for balance.
• Stepping off the line.
• Taking an incorrect number of steps.
• Turning improperly or losing balance during the turn.

Scoring:

Two or more clues suggest impairment.

Issues in Administration:

• The test must be performed on a flat, well-lit surface.
• Physical conditions like injuries, age, or obesity can affect performance.
• Weather, footwear, or anxiety during the test may lead to mistakes unrelated to impairment.

Challenging the WAT Test in Court:

• A defense attorney can highlight environmental factors or physical limitations that influenced performance.
• If the officer did not provide clear instructions or demonstrate the test, the results could be invalidated.

3. One-Leg Stand (OLS) Test

Purpose:

This test evaluates balance and coordination by requiring the driver to stand on one leg while performing a task.

How It’s Administered:

• The officer demonstrates the test and instructs the driver to:
  1. Stand with one leg approximately six inches off the ground.
  2. Keep arms at their sides.
  3. Count out loud (e.g., “one thousand one, one thousand two”) until told to stop.
• The driver must maintain this position for about 30 seconds.

Clues of Impairment:

• Swaying while balancing.
• Using arms for balance.
• Hopping to maintain balance.
• Putting the raised foot down.

Scoring:
Two or more clues indicate impairment.

Issues in Administration:

• The test must be performed on a stable, level surface.
• Physical conditions like back injuries, knee problems, or poor footwear can influence performance.

Challenging the OLS Test in Court:

• Medical records or expert testimony can demonstrate physical limitations.
• Environmental factors, such as uneven pavement or wind, can also affect results.

How These Tests Apply in the 15th District Court

In the 15th District Court, Judges Karen Valvo and Miriam Perry will evaluate the evidence presented, including the results of any field sobriety tests. The following factors will be crucial to your defense:

Adherence to Protocol:

Officers must follow NHTSA guidelines precisely. Any deviation can weaken the test results as evidence.

Documentation:

Law enforcement must provide detailed documentation of the test conditions, the driver’s performance, and any observed clues of impairment. Missing or vague details can undermine the reliability of the tests.

Environmental and Physical Factors:
The court will consider whether external conditions or physical limitations may have affected the driver’s performance.

How an Attorney Can Help in Your Case

An experienced DUI attorney familiar with the 15th District Court can:

• Review police reports and body cam footage to ensure FSTs were administered correctly.
• Challenge the validity of the tests by highlighting procedural errors or external factors.
• Present medical records or expert testimony to explain poor performance unrelated to impairment.
• Advocate for reduced charges or alternative sentencing if the evidence is insufficient.

Moving Forward After a DUI Charge

A DUI charge in Ann Arbor and the 15th District Court is a serious matter, but it’s also an opportunity to build a strong defense. Field sobriety tests are not infallible, and with the right legal representation, their results can be effectively challenged.
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For more detailed guidance on handling a DUI case and understanding field sobriety tests, visit www.michiganduiplaybook.com. Let’s work together to ensure this moment doesn’t define you—it sets you on a path to a better future.