Field sobriety tests are often a major contributing factor to a police officer’s decision to arrest a driver for DUI. You may recognize some of these tests from TV shows and movies, like walking a straight line or touching your fingers to your nose.
A police officer conducts field sobriety tests to gather information that will be used against you in a criminal prosecution. It is rarely a good idea to attempt to complete field sobriety tests. Most people would be unable to pass these tests even in the best of circumstances, let alone on the side of the road in the middle of the night with a police officer watching your every move. And even if you do believe that you passed the tests, the officer may think otherwise.
Given how much emphasis police officers give to field sobriety tests, it is important to have an attorney that is well-versed in the administration of field sobriety tests and the underlying studies and data related to them. The Rosenstein Law Group can help you to challenge evidence gathered from field sobriety tests and BAC evidence. Contact the Rosenstein Law Group at 480-248-7666 or online for a free consultation and case evaluation.
Police officers have a list of field sobriety tests that they may attempt to conduct on you if they believe you have been driving while under the influence of alcohol or drugs. As mentioned above, you have little to gain by completing the field sobriety tests, as any evidence gathered during the tests will be used against you.
Although field sobriety tests are not considered “pass/fail” tests, an officer is unlikely to send you on your way even if you perform relatively well on these tests.
Rather than pointing out your successes on these tests, an officer will document every single instance in which you make a mistake, regardless of how minuscule that mistake is. Even something as trivial as a slight sway of 1 inch will be documented and used against you.
For instance, on the Walk and Turn test, officers are looking for 8 possible clues of impairment. Their training tells them they only need to see 2 out of the possible 8 clues to conclude that you may be impaired to drive—even if you aced the other 6 clues.
The most common field sobriety tests include:
For each of these tests there are many issues that could affect their reliability. It is possible for you to not perform well on these tests even without any alcohol or drugs in your system.
A skilled DUI defense attorney will be able to challenge a police officer’s administration of the field sobriety tests, which may lead to suppression of evidence, reduced charges, dismissed charges or other favorable outcomes.
If you were pulled over and arrested after performing field sobriety tests, call the Rosenstein Law Group at 480-248-7666 or contact us online for a free consultation and case evaluation.