Problems With Field Sobriety Tests That Help My DUI Case
Field sobriety tests were designed and are utilized by law enforcement to catch people for DUI’s. Law enforcement is specifically trained to ask you if you had anything to drink.
Most people admit they had one or two drinks and that’s their cue to try to get you for a DUI. They’re going to use those field sobriety tests to prove that you’re driving under the influence of alcohol.
They’re going to have to say you failed a field sobriety test to arrest you, so we’ve got to assume that those tests are skewed against you, as a defendant in the case. The officers who are giving those tests are really individuals who are trying to prove a DUI versus trying to see whether you’re actually unsafe to drive.
Your best bet is to get to an attorney, tell them how you think you did on the test, and get a copy of the law enforcement findings related to the test. Then, you will be in the best position to decide what to do with the DUI case moving forward and what, if any, validity those field sobriety tests have related to your case.
How Can I Be Prosecuted Without Knowing My Blood Alcohol Level?
When DUI laws were enacted, the legislature, police, prosecuting agencies, and judges realized that if they don’t put some mechanism in place to guard against individuals refusing the test, then they’re going to have no way to be able to prove that a particular individual is driving under the influence.
What they’ve done is made it so that if someone refuses to take the test, there will be a presumption that that person is driving under the influence. There will be an automatic DUI for that person unless they can somehow rebut the presumption and bring to bear evidence that shows they weren’t driving under the influence of alcohol.
As you might guess, that is a very difficult thing to be able to show.
It’s a bad idea to refuse to take the breath or blood test and it is part of getting a driver’s license that if the police think you might be driving under the influence of alcohol, you’ve got to take the test.
If you don’t, you’re going to lose your driver’s license for one year with no exceptions and no restrictions. One of the only defenses is that the police didn’t properly administer or explain the refusal law to you.
Once you say you’re not taking any tests, they’re supposed to tell you, in no uncertain terms, that if you don’t take the test, you’re going to lose your driver’s license for a year.
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