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.

Portage, MI – Woman Killed in Pedestrian Crash on Willowcreek Rd

Portage, MI (December 3, 2023) - A 68-year-old woman has died after being struck by a vehicle in Portage, according to the Portage Police Department. At about 6:45 p.m. on Tuesday, officers of the Portage Police Department responded to the area of Willowcreek Road...

Lansing, MI – Injury Vehicle Collision Shuts Down US 127 at Lake Lansing

Lansing, MI (December 3, 2023) - An incident on southbound U.S. Highway 127 was reported on Friday morning, December 1, and caused the entire roadway to be closed, according to the Michigan Department of Transportation (MDOT). At 8:15 a.m. on the southbound side of...

Detroit, MI – Multi-Vehicle Wreck w/Injuries on I-96 at Grand Blvd

Detroit, MI (December 3, 2023) - Detroit police say they are investigating the details surrounding a multi-vehicle crash that occurred on Sunday, December 3, according to the officers who responded to the scene. Though specific details about the crash have not been...

Detroit, MI – Rollover Collision Causes Injury at 10 Mile & Gratiot

Detroit, MI (December 3, 2023) - On Sunday, December 3, two vehicles collided on a local highway in Detroit, leading to victim injuries and a rollover of one of the cars involved, as reported by Michigan State Police troopers and local officers. According to a report...

Detroit, MI – I-75 Car Crash Injures Victims After M-8

Detroit, MI (December 3, 2023) - According to the Michigan Department of Transportation (MDOT), southbound I-75 after Michigan Highway 8 was blocked as a result of an accident on Sunday, December 3. At around 2:50 p.m. on Sunday, the Michigan Department of...

Detroit, MI – Car Accident, Injuries on M-10 Near I-94 Ramp

Detroit, MI (December 3, 2023) - Multiple drivers collided in a major vehicle crash in the Detroit region on Sunday, December 3, and the incident reportedly ended in injuries, per local authorities. At around 1:15 p.m., the suspected rear-end collision occurred on...

Detroit, MI – Injury-Causing Accident Closes I-94 at Little Mack

Detroit, MI (December 3, 2023) - An accident involving at least two vehicles blocked several lanes of a local freeway on Sunday afternoon, December 3, according to the Michigan Department of Transportation, resulting in a handful of victim injuries. At about 3:15...

Detroit, MI – Injuries Recorded in Vehicle Crash on I-94 at Mt Elliott

Detroit, MI (December 3, 2023) - After an accident on Sunday, December 3, a local Detroit roadway was partially closed. All right lanes of westbound I-94 after Mt. Elliott were closed due to the accident at roughly 10:45 a.m., according to troopers with the Michigan...

Roseville, MI – Officer Hurt in Accident on I-94 at 13 Mile Rd

Roseville, MI (December 3, 2023) - On Sunday afternoon at approximately 3:00 p.m., one driver was cited and an officer was hurt following a vehicle wreck, per local authorities who responded to the scene. The Roseville Police Department responded to westbound I-94 at...

Mundy Twp, MI – US 23 Site of Semi-Truck Wreck, Injuries at Maple Rd

Mundy Township, MI (December 3, 2023) - Traffic was backed up for miles on northbound U.S. 23 after a trailer slammed into the Maple Road bridge following a wreck in Mundy Township on Friday morning. The crash was reported around 10:30 a.m., and it led emergency crews...