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If asked to step from your vehicle and perform any field sobriety tests, please know that you are under NO LEGAL OBLIGATION to do so.


The Standardized Field Sobriety Tests (SFST), the eye test, the one leg stand test, and the walk and turn test, are a regular part of the evidence the State will use to try to convict you of DUI. Officers are trained that these tests are scientifically sound indicators of impairment or lack of impairment however, not all officers follow their training and DO NOT perform the tests as they were trained making the results unreliable and questionable at best.  It is not uncommon for officers to deviate from their training, after all everyone makes mistakes.  These deviations may call into question if you were impaired at all. I don’t like to call them tests because the word test implies that they are accurate indicators and I do not believe that to be the case.


An important case regarding SFSTs is STATE v. HOMAN (732 N.E.2d 952, OHIO 2000).  In that case the Ohio Supreme Court held that Standardized Field Sobriety Tests (SFSTs) conducted in a manner that departs from the methods established by the National Highway Traffic Safety Administration (NHTSA) “are inherently unreliable”. The court determined that the administration of the SFSTs, including the One leg Stand and Walk and Turn tests, must be performed in strict compliance with the directives issued by NHTSA.  Your DUI attorney will check to see how the police did in terms of following their training.


In Carmel, drivers are asked to execute three different exercises.


The National Highway Traffic and Safety Administration (NHTSA) claims that these “exercises” are the most accurate method of identifying an impaired driver.  Therefore, the Carmel Police Department, and most law enforcement agencies in the state use these three tests as one method of identifying impaired drivers.


During their NHTSA training, officers are trained on the proper administration of the field sobriety exercises including, clear, accurate instructions on how you are to perform as well as clues of impairment to identify and note during the administration of the exercise.  However, police officers often ignore their training, find short cuts, and ultimately make mistakes.  Since most people charged with DUI want to get their case resolved as quickly as possible, these mistakes simply go unnoticed, and plead guilty to what might have been an avoidable conviction.  Officers are trained to demonstrate each exercise to you prior to asking you to start.  Nevertheless, it is not uncommon for the officer to only tell you the instructions.  Then because you have never done the exercise before and the office has not demonstrated how to do the exercise the officer marks that you failed the test as evidence of your impairment.


In the course of their NHTSA field sobriety training the officers are taught to use an objecting scoring method.  However, many officers will use subjective opinions, because it is just easier to do, rather than the objective scoring method which was part of their training.  A seasoned DUI lawyer will use this as evidence that the tests are NOT reliable indicators of impairment.

Because resources are tight, there are police departments that use sobriety tests that have not been approved by the NHTSA.  An attorney will point out that the federal government (NHTSA) believes that there are more accurate indicators for impairment that should be used.

The lawyers of Emerson Law have over 20 years of combined experience and are prepared to assist you in your DUI defense. Our attorneys offer criminal defense for all felony DUI and misdemeanor DUI charges.

We accept cases from Carmel City Court, Hamilton County Court, Boone County, Marion County, Hendricks County and throughout Indiana.

Our law office is centrally located and easily accessible from Interstate 465.




JR Emerson is a Carmel, Indiana DUI attorney representing individuals charged with dui, driving under the influence, OVWI, operating a vehicle while intoxicated, OWI, operating while intoxicated. Our DUI lawyers represent men and women in Hamilton County, and throughout Indiana.  Cities in which we practice include: Carmel, Noblesville, Fishers, Zionsville, Lebanon, Whitestown, West Clay, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.


Hiring a Criminal Defense Lawyer

Former Judge of the Whitestown Town Court, Attorney Emerson explains what to look for when considering a criminal defense attorney.

Criminal Penalties in Indiana

From Felonies to Misdemeanors we will explain the possible legal consequences associated with each criminal charge.

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How an Attorney Can Help

The State must prove it's case beyond a reasonable doubt.  Your attorney's job is to challenge the State's evidence.  Learn how an attorney can help with the use of Subpoena's and Depositions.


Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney


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About Us

Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000

Email: Info@CallJR.com

Our Services

Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.