North Shore DUI Defense Attorney
Field Sobriety Tests
When an individual is stopped by law enforcement for suspicion of DUI, they are often asked to do several "field sobriety tests". You can, by law, refuse the field sobriety tests. However, you cannot refuse the breathalyzer test unless you want to lose your license immediately, and be charged as if you were driving under the influence. These tests are extremely subjective and are often administered incorrectly. There are many reasons other than intoxication that could cause an individual to fail the test. It is crucial that you contact a North Shore DUI defense attorney if you have been arrested for DUI and were asked to perform these tests. Some of the types of situations that could cause an individual to "fail" the field sobriety test include:
- Fatigue
- Dizziness
- Medical conditions
- Weight
- Age
- Language problems
- Balance problems
- Type of footwear worn
- Fear
- Lack of clear directions by the officer
Any of these factors could affect how an individual responds to a field sobriety test. In many cases, they are incorrectly administered as well. When a law enforcement officer uses an aggressive attitude, many people respond extremely poorly to directions. There are several types of field sobriety tests that could be administered, including the following:
- Being asked to recite the alphabet
- Count while standing on one foot
- Walking in a straight line
- Touching your finger to your nose
- Horizontal gaze nystagmus
- Nine-step heel-to-toe and turn
The "walking in a straight line" test must be administered on a smooth, flat surface and away from any moving traffic. This is not likely when you are on a roadside, which is generally fairly uneven and almost never smooth and rarely without traffic moving by. These tests are so incredibly unscientific that even the National Highway Traffic Safety Administration gives the highest rating to one of the tests — 77% for the Horizontal Gaze Nystagmus. This test is performed by the officer holding a pen about 10 inches away from the individual's face and moving it side to side, watching for the eyes "jerking". This is the most accurate test, and when being observed (usually at night) by a law enforcement officer who is not an Opthamologist or neurologist, and is not truly qualified to determine eye movement. These tests are easily challenged in court in police cross-examination.
Contact a North Shore DUI Defense Lawyer
If you were administered field sobriety tests and were subsequently arrested and charged with a DUI charge, it is imperative that you get legal representation from a North Shore DUI defense attorney to challenge the tests and the evidence against you in court. These tests are extremely subjective and may be a compelling part of a DUI defense. At our firm, we know that field sobriety tests are not always accurate — you can trust that we will fight to defend your rights.
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