Prosecutor Responses to Attacks on Field Sobriety Testing

by | Jan 16, 2017 | DUI | 0 comments

Arguing Back

If the arresting officer alleges that you “failed” one or more of the field sobriety tests administered, your Michigan DUI attorney may try to create reasonable doubt concerning the credibility of the tests or the police officer’s conclusions.  The prosecutor will most likely respond to these attacks by attempting one of several things:

  • Promoting the police officer’s training in administering field sobriety tests
  • Promoting the National Highway Traffic Safety Administration (NHTSA) in its development of the tests
  • Promoting the officer’s instructions
  • Correlating tests to alcohol levels
  • Discrediting lay witnesses


Promoting the Officer’s Training

In order to legitimize the officer’s administration of the field sobriety tests, the prosecutor may highlight any special training the officer had to undergo to be authorized to give these tests.  Your Michigan DUI attorney knows that the prosecutor will want to make sure that the jury is aware that the officer received training not only at the police academy, but also in the field.  Since the officer may personally have been involved in the investigation of hundreds or thousands of DUI cases, the prosecutor may point this out to the jury in an attempt to demonstrate the officer’s experience, knowledge and skill in handling DUI investigations.

Promoting the National Highway Traffic Safety Administration

Your Michigan DUI attorney knows that if the field tests were administered according to the protocols instituted by the National Highway Traffic Safety Administration, the prosecutor will more than likely emphasize this and will draw attention to the research that was conducted during the development of the tests.  To give credibility to the tests’ touted accuracy, the prosecutor will attempt to portray the tests in as scientific a light as possible.

Contact Us

If you have been charged with driving under the influence, consult a knowledgeable and experienced Michigan DUI attorney to maximize your chances of building a successful case. A legal professional can anticipate and overcome the obstacles posed by the prosecution. Please contact the Law Offices of Christopher Trainor & Associates for a free initial consultation by calling today at 800-961-8477.

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