One of the things that most people know about being stopped for DUI is the field sobriety tests. The type of test given varies by jurisdiction, but a typical situation will include the one-legged stand, horizontal gaze nystagmus, and the walk-and-turn. These are the standardized tests, according to the National Highway Traffic Safety Administration (NHTSA). Police officers often include other non-standardized tests as well.
But the important thing to take out of this article is not what the field sobriety tests are. It is to know what the field sobriety tests are used for. You cannot "pass" the field sobriety tests, or at least you can't pass in the traditional sense of what a test is used for. Field sobriety tests are simply used to determine whether you can drive safely.
By the way, I am not your attorney. You are not my client. This article is not, nor is it intended to be, legal advice. If you need a DUI attorney, then call an attorney licensed to practice law in your state.
Field sobriety tests are not the end all, be all of your DUI case. But they are important - and unfair. Why? Because there are so many different things that go into how you perform on the tests. For example, you may be perfectly sober and fail because you are just uncoordinated. Or you may be too tired to concentrate.
Furthermore, the driver is nervous. The tests are usually given at night. They are usually given on the side of the road where the driver pulled over with the police officer. This type of pressure cooker situation makes it nearly impossible to perform adequately.
Lastly, the tests are subjective. They are judged solely by the police officer giving them. You might think you did perfectly well, and the police officer might say you failed. Who is the court going to believe? You got it - the officer.
As a DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI. This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.
Two more things to know about field sobriety tests. First, in most if not all jurisdictions, they are optional. That means when the officer asks you to take them, you can refuse. The officer already suspects you of DUI and if they are asking you to take the tests, you are most likely going to be arrested anyway. Why give them any more evidence?
Second, as I alluded to previously, field sobriety tests are not perfect. They are mostly only useful if the officer followed the procedures to a tee. So, even if you do take them, all is not lost. You may still have a defense in court.
But the important thing to take out of this article is not what the field sobriety tests are. It is to know what the field sobriety tests are used for. You cannot "pass" the field sobriety tests, or at least you can't pass in the traditional sense of what a test is used for. Field sobriety tests are simply used to determine whether you can drive safely.
By the way, I am not your attorney. You are not my client. This article is not, nor is it intended to be, legal advice. If you need a DUI attorney, then call an attorney licensed to practice law in your state.
Field sobriety tests are not the end all, be all of your DUI case. But they are important - and unfair. Why? Because there are so many different things that go into how you perform on the tests. For example, you may be perfectly sober and fail because you are just uncoordinated. Or you may be too tired to concentrate.
Furthermore, the driver is nervous. The tests are usually given at night. They are usually given on the side of the road where the driver pulled over with the police officer. This type of pressure cooker situation makes it nearly impossible to perform adequately.
Lastly, the tests are subjective. They are judged solely by the police officer giving them. You might think you did perfectly well, and the police officer might say you failed. Who is the court going to believe? You got it - the officer.
As a DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI. This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.
Two more things to know about field sobriety tests. First, in most if not all jurisdictions, they are optional. That means when the officer asks you to take them, you can refuse. The officer already suspects you of DUI and if they are asking you to take the tests, you are most likely going to be arrested anyway. Why give them any more evidence?
Second, as I alluded to previously, field sobriety tests are not perfect. They are mostly only useful if the officer followed the procedures to a tee. So, even if you do take them, all is not lost. You may still have a defense in court.
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If you need a DUI attorney in Maryland or DC, contact a Maryland DUI attorney or DC DUI lawyer right away.
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