The term “pass” implies a clear-cut victory, but field sobriety tests (FSTs) are not administered in a school exam-like manner. They are a set of standardized exercises used to gather clues of impairment. This critical distinction is why you can demonstrate perfect balance and still be charged with a DUI.
If you are struggling to reconcile your roadside performance with the serious charges you now confront, you need to understand the subjective nature of the FSTs and the officer’s discretion.
Probable cause, not final proof
Field sobriety tests, such as walking in a straight line, standing on one leg or following a pen with your eyes, often help the arresting officer gather enough reasonable suspicion to create probable cause for an arrest. If the officer determines you fail the tests, they generally have stronger grounds to move forward with the DUI process.
Even if you perform well, the officer’s initial observations may serve as evidence to support the arrest, such as:
- The smell of alcohol on your breath
- Slurred speech during your conversation
- Glassy or bloodshot eyes
- Erratic driving behavior before the stop
The officer can use these subjective clues to argue they still had probable cause to arrest you, regardless of your FST performance.
Nebraska on impairment and BAC
Nebraska law clearly defines two main ways a person faces a DUI charge, and only one way directly relates to impairment. The state makes it illegal to drive:
- While under the influence of alcohol or drugs
- When your Blood Alcohol Concentration (BAC) is 0.08% or higher (0.08 grams per 210 liters of breath)
The FSTs address the first point: driving while under the influence. The chemical tests, such as the breathalyzer or blood test, address driving with a BAC at or above the legal limit.
Chemical evidence overrides performance
When your successful FST performance conflicts with a high BAC reading, the chemical evidence often overrides the physical one. This is especially true in Nebraska because the law includes the per se charge. This legal term means that having a BAC of 0.08% or more is itself a violation of the law, regardless of your physical ability to perform the FSTs.
Prosecutors usually use the BAC reading as definitive, scientific proof of intoxication under state statute. You may have walked a straight line perfectly, but if the chemical test shows a BAC of 0.10%, the state focuses solely on that number to prove the charge.
Protecting your future
Contending with a DUI charge can create serious personal and legal trouble, including jail time, heavy fines and loss of your driver’s license. Prompt action is key to protecting your rights.
You need professional help to review the entirety of the evidence against you. A defense lawyer can help you challenge the chemical test’s accuracy, introduce your passing FSTs into the defense strategy and advocate for you at every stage, from administrative hearings to trial.
