DUI / DWI Case Study
Whether the field sobriety tests were properly administered and whether the results were sufficient to support a DUI conviction.
The court reversed the conviction, finding that the field sobriety tests were not administered in accordance with the standardized NHTSA protocol and that the officer's deviation from the protocol rendered the results unreliable. The court held that improperly administered field sobriety tests cannot form the sole basis for a DUI conviction.
Field sobriety tests must be administered in strict accordance with the NHTSA standardized protocol to be reliable and admissible. This case demonstrates that challenging the administration of field sobriety tests — through cross-examination of the officer and expert testimony — can result in the exclusion of the test results and the reversal of a DUI conviction.
This case involves § 18.2-266 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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