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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Failing a field sobriety test can happen for many reasons

There are several tests that officers may require you to carry out if they suspect that you have been driving drunk. You may be asked to submit to a breath test, in order to determine your blood alcohol concentration, or you may be requested to perform any of a number of field sobriety tests.

We discussed in a previous article some of the tests that you could be asked to carry out. Of course, these are only a few examples of the things you may be asked to do. Others include dexterity tests, such as requiring that you close your fingers one at a time. Another variety is a number or letter test during which you would need to count backwards from 1,000 or recite your alphabet.

However, as is explained here, you may not be able to carry out these tests. There can be any number of reasons a person may struggle with field sobriety tests, from disabilities to fatigue or simply misunderstanding the requirements. If you are concerned about the results of such a test or how they may affect your case, you can refuse to take it. However, due to the rules on implied consent, this may result in the revocation of your driver's license.

However, even if you choose to submit to such a test and it does not go well, all is not lost. It may be possible to have the evidence dismissed, particularly if the officer in question depended on any single test. An attorney may be able to help you establish the reason that you failed the test and ensure that this reason is heard by the court. He or she may also be able to negotiate the dismissal of the alleged evidence from you field sobriety test.

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