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Lawyers to invalidate Field Sobriety Tests

One of the more common ways for law enforcement officers to determine if a driver is intoxicated or otherwise under the influence is to use a field sobriety test. There are a wide range of tests that officers can use at their discretion. These tests may include something as simple as being asked to close your eyes, hold your hands out and touching the tip of your nose with your finger. These tests may also be more complicated, such as being asked to recite the alphabet backwards without making a mistake. In many cases, multiple tests will be used in order to determine your sobriety. When you fail these tests, you may be arrested under the suspicion of driving while intoxicated. Because a DWI charge is significant and the long-term consequences can be severe and difficult to live with, it makes sense to hire a lawyer with experience refuting field sobriety test results.

While law enforcement agents need some manner to assess sobriety in the field without hauling every driver who is suspected of being intoxicated to jail, the unfortunate reality is that field sobriety tests have many drawbacks and can often be inaccurate. In some cases, a driver is asked to comply with a blood alcohol test or a breathalyzer test after failing a field sobriety test. The driver may comply, or he or she may refuse these tests. Each DWI charge that involves field sobriety tests has unique circumstances, and a successful defense can be built by an experienced attorney in many cases.

Keep in mind that the results of field sobriety tests can be affected by many factors that have nothing to do with your sobriety. For example, you may have a medical condition that affects your ability to walk in a straight line, such as vertigo. You may be on medication that affects your ability to focus, so you may not be able to recite the alphabet backwards without stumbling from time to time. Some people may not be able to recite the alphabet backwards even when they are perfectly sober. Some test results are arbitrary and are based on the officer’s interpretation. It may be proven in court that these types of test results are biased or unfounded. Depending on the types of tests that you were asked to complete and the outcome of those tests, a defense attorney may be able to create a successful and sound defense.

Remember that there are other ways that a DWI attorney can help you to overcome the charges that you are currently facing. For example, the law enforcement official may have not read your Miranda rights. This could result in the charges immediately being dropped. The officer may have illegally pulled you over because of racial profiling or another factor. You can see that there are numerous factors at play that could be used in your favor when you have been arrested based on a field sobriety test result.

Many people who are arrested because of the results of a field sobriety test feel as though they have no option available other than to simply accept the charges against them and to plead guilty or no contest. They believe that the test results cannot be refuted, and this may be even more true of they were also influenced to take a breathalyzer or blood alcohol test after being arrested in the field based on sobriety test results. Even when it seems as though all of the evidence is stacked against you, an experienced lawyer may be able to build a solid case to successfully defend you. Keep in mind that these are proven strategies that may be customized specifically to fit your unique circumstances. The development of a defense comes from a deep understanding of the law and many years of experience. Therefore, it is not reasonable to expect a similar outcome if you represent yourself in your defense of the charges filed against you.

While the use of field sobriety tests is common, there are many factors that can be used strategically to disprove the results or to at least call them into serious question. Your DWI lawyer can help you to develop an excellent defense that involves invalidating field sobriety test results.

by Leonard on Spodek Law Group
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