Frequently Asked Questions
1. Are field sobriety tests mandatory in Indiana?
Generally, no. Roadside field sobriety tests are typically voluntary in Indiana. They are different from chemical testing requested under Indiana’s implied-consent law.
2. Can you challenge failed field sobriety tests in an Indiana OVWI case?
Yes. A defense attorney can examine whether the officer properly instructed, administered, and scored the tests and whether outside factors affected the results.
3. What can cause someone to fail a field sobriety test besides alcohol?
Medical conditions, injuries, balance problems, anxiety, fatigue, footwear, uneven pavement, poor weather, darkness, and other circumstances can affect a person’s performance.
4. Can body-camera footage help challenge field sobriety test results?
Yes. Body-camera footage may show whether the officer followed proper testing procedures, gave clear instructions, demonstrated the tests correctly, and accurately described the driver’s performance.
5. Does failing a field sobriety test mean you will be convicted of OVWI in Indiana?
No. Field sobriety test results are only part of the evidence in an OVWI case. The prosecution still has to prove the elements of the charge, and the reliability of the officer’s observations can be challenged.