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Field Sobriety Testing Mistakes That Could Help Your DUI Defense
The consequences of a drunk driving conviction could have a dramatic impact on your life. In addition to a license suspension and probation, you could face jail time, considerable fines, completion of a driver training or alcohol rehabilitation program, installation of an ignition interlock device (IID), and other penalties.
But in order for you to be found guilty, the prosecuting attorney will need to show beyond a reasonable doubt that you are guilty of drunk driving. Your criminal defense lawyer’s job is to give the judge and jury reasonable doubt of your guilt.
Field sobriety tests are commonly given to alleged drunk drivers, and the results have been used to convict them. But what happens when law enforcement makes mistakes with their field sobriety tests (FST)? Your lawyer has the opportunity to motion for acquittal.
Read on to learn more about the different field sobriety tests, how FST mistakes could be the best thing for your DUI defense and how a Sacramento DUI lawyer can help.
Types of Field Sobriety Tests
There are several field sobriety tests law enforcement could use to determine whether you are under the influence of drugs and alcohol. But some are used more frequently than others.
For example, in the walk and turn test, law enforcement will test your balance, ability to count, and follow directions. There is also the Nystagmus test that tracks your eye movement. If your eye movement is jerky or inconsistent, the police may take that as a sign of impairment.
Other types of FSTs include the Rhomberg balance test, the finger-to-nose test, and monitoring a driver’s ability to complete another task while balancing on one leg.
Using Your FST As Part of Your Defense Strategy
The trouble with field sobriety tests is while they may often indicate a person is under the influence, there are many situations in which the results may be invalid. In some instances, drivers have medical conditions that prevent them from being able to perform these tasks but have no impact on their ability to drive safely.
Other times, law enforcement improperly administers one of these field sobriety tests due to lack of experience or understanding. Some have even been known to skew results of FSTs hoping to get a conviction.
Your DUI lawyer will be prepared to go up against improper FSTs and law enforcement mistakes so you can clear your name and get back to your life.
Contact a Top DUI Lawyer
If you have been arrested and charged with a DUI, and you need legal representation you can count on, all a respected DUI lawyer at Crowell Law Offices to discuss your possible defenses. Schedule your initial consultation when you complete the convenient contact form included at the bottom of this page or call our office at 916-303-2800.