Why Your Health Could Be Mistaken for Impairment — and Why You Need a Private Attorney to Prove It
If you were pulled over and asked to perform field sobriety tests, you probably remember how uncomfortable that moment was. You're standing on the side of the road, likely nervous, maybe exhausted, and then you're asked to balance on one leg, walk heel to toe, or follow an object with your eyes. For many people, those tasks are difficult even on a normal day — but for someone with a medical condition, they can be nearly impossible.
As a criminal defense attorney who’s handled many DUI cases, I can tell you with certainty that medical conditions can absolutely affect the outcome of field sobriety tests. Unfortunately, officers don’t always take that into account. They’re trained to look for specific "clues" of impairment — and if they see them, they may decide you failed, even if your performance was caused by something completely unrelated to alcohol or drugs.
That’s why it’s so important to understand how your medical history could play a role in your case — and why hiring a private attorney early on could make all the difference.
The Standardized Field Sobriety Tests and How They Work
Officers typically use three standardized tests: the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. Each of these tests is designed to reveal signs of impairment — but they also require balance, coordination, and physical ability that many people don’t have, even when sober.
The HGN test checks for involuntary jerking of the eyes, which can indicate alcohol impairment. The walk-and-turn requires you to take nine heel-to-toe steps in a straight line, turn around, and do it again. The one-leg stand has you lift one foot six inches off the ground and hold it while counting.
Each of these tests demands focus, muscle control, and a calm environment. They’re hard enough for someone who’s tired or anxious — and even more difficult for someone with any type of physical, neurological, or medical challenge.
Common Medical Conditions That Affect Field Sobriety Tests
I’ve worked with many clients who failed field sobriety tests not because they were impaired, but because they had legitimate health issues. Here are some examples of what I’ve seen:
- Vertigo and balance disorders - Conditions affecting the inner ear or vestibular system can make standing or walking in a straight line extremely difficult. A person with vertigo may sway, stumble, or even fall — all signs officers are trained to associate with intoxication.
- Knee, back, and joint problems - If you have undregone surgery, arthritis, sciatica, or chronic pain, holding a one-leg stand or walking heel to toe might be physically impossible. Officers rarely ask for a full medical history before making a decision.
- Neurological conditions - Disorders like multiple sclerosis, Parkinson’s disease, and diabetic neuropathy can affect coordination, muscle strength, and balance.
- Obesity - Someone with a higher body weight may struggle with balance-based tasks. That doesn’t mean they’re impaired, but officers may interpret poor performance as a sign of intoxication.
- Anxiety or panic disorders - Field sobriety tests are given in high-stress situations. If you suffer from anxiety or panic attacks, the stress of the stop alone can trigger symptoms that make it harder to concentrate or control your movements.
- Fatigue or sleep disorders - A tired driver can show signs similar to impairment. Slower reaction times, lack of focus, and balance issues may be due to exhaustion, not alcohol.
If you have one of these conditions — or anything similar — and you were charged based on field sobriety tests, you may have a strong defense. But unless you bring it up and support it with documentation, the court may never hear your side.
Why Officers May Overlook Medical Explanations
During a DUI stop, officers often rely on what they see in the moment. They’re not doctors, and they’re usually under pressure to make quick judgments. Once they see what they believe are signs of impairment, they may stop listening. They check boxes on a form, note the clues, and write in their report that you failed the test.
I’ve read reports where the officer described “poor balance,” “difficulty following instructions,” or “slurred speech” — and later found out that my client had a documented medical issue explaining all of it. But that never made it into the report, because the officer didn’t ask — or didn’t believe them.
That’s why having a private attorney matters. I take the time to dig into your medical background. I request records. I speak with your doctors. I build the case that explains why your performance wasn’t caused by alcohol, but by something the officer didn’t understand.
How a Private Attorney Builds Your Defense
When I take a case involving questionable field sobriety test results, my first step is to review the officer’s report and video. I watch how the tests were given, how you responded, and what the officer said. Then I look at whether any medical issues might have played a role.
I work with medical professionals who can review your records and provide written statements or testimony. I’ve used doctors, physical therapists, and even neurologists to explain why someone couldn’t perform the way the officer expected.
I also make sure the court understands that these tests are not perfect. They’re not scientific proof of impairment — they’re tools officers use to form an opinion. And that opinion can be challenged when we bring in medical evidence that tells a different story.
Why Timing Matters
If you’re facing a DUI charge and medical conditions played a role in your arrest, you need to act fast. Video from the stop might only be saved for a few weeks. Witnesses forget details. Deadlines to challenge certain aspects of your case can pass quickly.
Hiring a private attorney early gives you the chance to preserve evidence, request your records, and start building a defense while the details are still fresh. Waiting too long can make it harder to gather the documentation we need.
Your Health Deserves to Be Heard
Too often, people with real health challenges are judged unfairly during a DUI stop. They try to explain their condition, but it gets dismissed or ignored. That’s not how the justice system is supposed to work.
Your condition doesn’t excuse driving under the influence — but if it’s the reason you were arrested when you weren’t actually impaired, that matters. And it’s our job to make sure the court sees the full picture, not just the officer’s version of what happened on the side of the road.
That kind of defense takes time, attention, and legal skill. It’s not something that gets solved with a one-size-fits-all approach. A private attorney can focus on your unique circumstances and build a defense that shows the truth — that you were arrested because of a misunderstanding, not because you broke the law.
Field Sobriety Test Frequently Asked Questions
Can a medical condition really cause someone to fail a sobriety test?
Yes. Many conditions affect balance, coordination, and motor skills. Officers may see these issues as signs of impairment, even when the person is completely sober. That’s why medical documentation and legal advocacy are so important.
What if I told the officer about my condition and they arrested me anyway?
That’s common. Officers are not trained medical professionals, and they may not believe or understand your explanation in the moment. But a qualified attorney can follow up by gathering your medical records and presenting that information in court.
Do I need to prove I have a condition to use it in my defense?
Yes, documentation is key. Medical records, doctor’s notes, and even expert testimony can help explain your performance on the field sobriety tests. Your attorney can help gather and present this information in the most effective way.
Can my condition be used to get my DUI case dismissed?
It’s possible. If the prosecution’s case relies heavily on field sobriety test results and we can show those results were unreliable due to your health, the charges may be reduced or dismissed. Each case depends on the specific facts.
What if I didn’t know my condition could affect the test?
That’s okay. Many people don’t realize it until afterward. The important thing is to tell your attorney everything about your medical history so we can evaluate how it may have affected your performance and whether it can be used in your defense.
Will my medical records become public if I use them in court?
Not automatically. Your attorney can request to submit them under seal or limit how they’re disclosed. Protecting your privacy while defending your case is part of the legal strategy.
Can I still fight the charge if I also had a small amount of alcohol?
Yes. Having alcohol in your system doesn't mean you were impaired. If your medical condition explains the behavior the officer saw, that can still be part of your defense. The law requires proof that your normal faculties were impaired, and we can challenge that.
How soon should I tell my lawyer about my health issues?
Immediately. The sooner we know, the sooner we can get records, contact doctors, and prepare your defense. Waiting too long can make it harder to get the evidence we need before court deadlines arrive.
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Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.