Field Sobriety Tests
If you’re ever pulled over on suspicion of DUI, be prepared to perform a series of field sobriety tests. In order to determine whether or not you are intoxicated, the police officer may ask you to perform some seemingly-simple tasks such as reciting the alphabet or counting backwards. If your speech is slurred or you are unable to successfully complete the tasks, you may be charged with DUI.
In addition, you will probably be required to do the classic “walk and turn” or stand on one leg.
To successfully perform the walk and turn test, you will be asked to walk, heel-to-toe, in a straight line. After approximately 10 steps, the officer will direct you to turn around and walk back. If you trip, lose your balance or even walk a bit crookedly, you may be charged with DUI.
Yet another common field sobriety test is the Horizontal Gaze Nystagmus (HGN). For this evaluation, the police officer will hold up a small object of some sort and ask you to follow its movement with your eyes. If you are unable to keep your eyes focused on the object, you may be charged with DUI.
Because alcohol is known to impair motor skills, these types of tests are often used to gage an individual’s level of intoxication. Although these tests may be favored by some law enforcement officers, they fail to take certain circumstances into account.
Fortunately, failing a field sobriety test does not automatically convict you of driving under the influence. There are several factors that must be considered in order for your test results to be used as evidence against you. First and foremost, if your field sobriety test was given at night, your results may have been affected, as many people have difficulties walking in the dark. You may also have been ill or simply wearing uncomfortable shoes.
Even the HGN test can be questioned. Nystagmus occurs naturally and certain medications can even make the condition more noticeable.
An experienced DUI attorney knows the inaccuracies of field sobriety testing all too well. Make sure you receive proper defense in your case. If you’ve recently failed a field sobriety test, you should contact a DUI law specialist today.
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