DUI Test Conditions

For the test to be valid as it is given today, the test has to be given under the same circumstances as it was given when the test was studied and validated. NHSTA gives specific conditions in which the SFST’s are to be given. The officers are trained on these conditions in the academy but often ignore some or all of the requirements (purposefully or unintentionally) out in the field. Regardless of the officers reasoning for not adhering to the proper procedures, the results of a test that was given improperly arguably have little value. Was the road wet, sandy or uneven? Did you perform your tests in the extreme cold or heat? These questions are important and should be discussed with a skilled DUI defense attorney.