Field sobriety tests are often administered to drivers who are pulled over for showing signs of drunk driving.
An officer can ask a driver to perform a number of different tests, which if the driver fails, can be used as evidence that the driver was drunk.
One problem with field sobriety tests, however, is that they are not objective, accurate tests that directly determine if a driver is legally drunk.
Instead, the tests measure physical ability, which is assumed to be an indicator of drunkenness.
Also, the tests are completely subjective, based on the officer's own perceptions.
The main assumption made with field sobriety tests is that if you have trouble passing the test, then you must be drunk.
However, there could be a number of other reasons that a driver has trouble passing a physical ability test, and failure to pass the test could lead to an inaccurate DUI charge.
Possible Reasons for Failing a Sobriety Test Since sobriety tests are physical tests, there are a number of other possible confounding factors that could cause you to fail a test, even if you are not drunk.
The following is a list of reasons besides drunkenness that could lead to failing a sobriety test:
First, remember that you are not obligated to take the test.
You may still be arrested if the officer suspects you are drunk, but they cannot use field sobriety test results against you as evidence of driving drunk if you refuse to take the test.
It may be best to accept a field sobriety test to avoid additional penalties.
In some states, refusing a sobriety test is a punishable offense in itself.
Even if you believe that you have wrongfully been pulled over, it is important to remain calm and not let your emotions get out of control.
Remember that you have not been arrested for anything yet, and you are only being asked to perform a few short physical tests.
Avoid getting emotional or raising your voice which the officer could interpret as evidence of drunkenness.
If You are Arrested If after completing your sobriety test you are arrested on a DUI charge, consider contacting a DUI defense lawyer.
A good DUI defense attorney is trained to look for inconsistencies in the charges made against you and can defend you against inaccurate sobriety test results and wrongful charges.
Don't resign yourself to the fact that you have been arrested.
Find an experienced lawyer who will fight for your rights.
For more information on aggressive DUI defense, visit the website of experienced Rhode Island DUI defense attorney James Powderly here.
An officer can ask a driver to perform a number of different tests, which if the driver fails, can be used as evidence that the driver was drunk.
One problem with field sobriety tests, however, is that they are not objective, accurate tests that directly determine if a driver is legally drunk.
Instead, the tests measure physical ability, which is assumed to be an indicator of drunkenness.
Also, the tests are completely subjective, based on the officer's own perceptions.
The main assumption made with field sobriety tests is that if you have trouble passing the test, then you must be drunk.
However, there could be a number of other reasons that a driver has trouble passing a physical ability test, and failure to pass the test could lead to an inaccurate DUI charge.
Possible Reasons for Failing a Sobriety Test Since sobriety tests are physical tests, there are a number of other possible confounding factors that could cause you to fail a test, even if you are not drunk.
The following is a list of reasons besides drunkenness that could lead to failing a sobriety test:
- Inability to balance.
Some sobriety tests examine a person's ability to balance on one foot for an extended period of time.
The problem with using this as an indicator of drunkenness is that many people have trouble balancing even when completely sober. - Inability to perform under pressure.
Many people have trouble performing certain physical tasks when they know they are being scrutinized.
A simple balance test or walking a line seems easy enough, but when you know that your every move is being watched closely for error, you may tense up and fail to perform the task as well as you would have when not under pressure. - Signs of nervousness.
If you have been pulled over and asked to step out of your car, you may be asking yourself what you did wrong and why you're being asked to perform a sobriety test.
Feelings of nervousness and anxiety can put stress on your mind and body and make it difficult to listen to directions and perform tasks on the spot.
Your signs of nervousness may also be improperly interpreted by the officer as signs of guilt, which could convince the officer to arrest you for a DUI.
First, remember that you are not obligated to take the test.
You may still be arrested if the officer suspects you are drunk, but they cannot use field sobriety test results against you as evidence of driving drunk if you refuse to take the test.
It may be best to accept a field sobriety test to avoid additional penalties.
In some states, refusing a sobriety test is a punishable offense in itself.
Even if you believe that you have wrongfully been pulled over, it is important to remain calm and not let your emotions get out of control.
Remember that you have not been arrested for anything yet, and you are only being asked to perform a few short physical tests.
Avoid getting emotional or raising your voice which the officer could interpret as evidence of drunkenness.
If You are Arrested If after completing your sobriety test you are arrested on a DUI charge, consider contacting a DUI defense lawyer.
A good DUI defense attorney is trained to look for inconsistencies in the charges made against you and can defend you against inaccurate sobriety test results and wrongful charges.
Don't resign yourself to the fact that you have been arrested.
Find an experienced lawyer who will fight for your rights.
For more information on aggressive DUI defense, visit the website of experienced Rhode Island DUI defense attorney James Powderly here.
Source...