Can back problems present a defense for field sobriety test?

Yes, the standard field sobriety tests (FSTs) are predicated on the tested subject having "normal" physical skills, being within normal weight range, and being less than 65 years of age. The testing officer is supposed to ask the tested individual: "Do you have anything wrong with your legs or any physical impairment? Are you sick or injured in any way?" This is required under the FST training manual protocol. The two FSTs that require balance - the nine step walk and turn and the 30 second one leg stand - both require 'normal' motor skills. Even if the FSTs are performed under clinical conditions (lab conditions), the reliability of the two aforementioned FSTs are only 65% to 68% accurate with a dosed individual at .10% BAC. In other words, 1/3 of the time, the FSTs fail to accurately determine impairment. However, you should also recognize that if the FST instructions are given incorrectly or even wrong, that will not affect the "admissibility" of the FSTs, but goes only the "weight of the evidence." In other words, the fact that the FSTs were not completed in accordance with the manual, that will only be one factor in the trial, along with evidence of impaired driving, visual observations of the arresting officer, statements made by the arrested person, and statements of any witnesses to the event. Any person arrested for DUI is facing very serious charges that can result in the suspension or revocation of driver license, the possibility of jail sentence, a heavy fine, probation requirements, and other legal sanctions. Your best course of action to is to locate a qualified criminal defense lawyer, and especially one who specializes in the defense of DUI cases. For a listing of qualified lawyers who specialize in DUI defense, check the listings of the National College for DUI Defense at www.ncdd.com. In the Birmingham area, attorney Greg Yaghmai and attorney Mark Polson are both considered "top shelf" DUI lawyers. I think both Mr. Yaghmai and Mr. Polson are excellent and either one is a good choice to help you.

It certainly helps if you indicated to the arresting officer that you had back problems prior to taking the test. Sincerely, Attorney Mitchell S. Sexner Mitchell S. Sexner & Associates LLC /o Defending your rights since 1990 1 (800) 996 -4824 Email: : [email protected] Website: Criminal and Traffic Attorneys

They can if the back problems caused you to be unable to pass tests. Talk to a local dui attorney.