Problems With Field Sobriety Tests That Help My DUI Case
Law enforcement designed and utilized field sobriety tests to catch people for DUIs. Law enforcement is specifically trained to ask you if you have 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.
Law enforcement officers are tasked with administering field sobriety tests. Their goal is to establish that you failed the test, which gives them the grounds to arrest you. It's important to recognize that these tests may be skewed against you as a defendant. The officers' objective is to prove a DUI, not necessarily to determine if you are unsafe to drive.
Empower yourself by seeking legal advice. Discuss your performance on the test with an attorney and obtain a copy of the law enforcement findings. This will put you in the best position to make informed decisions about your DUI case and the validity of the field sobriety tests.
When DUI laws were enacted, the legislature, police, prosecuting agencies and judges realized that if they didn't put some mechanism in place to guard against individuals refusing the test, they would have no way to prove that a particular individual was driving under the influence.
They've made it so that if someone refuses to take the test, there will be a presumption that they are driving under the influence. There will be an automatic DUI for that person unless they can somehow refute the idea and bring evidence that shows they weren't driving under the influence of alcohol.
As you might guess, that is a tricky thing to show.
It's a bad idea to refuse to take a 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'll lose your driver's license for one year with no exceptions and no restrictions. One of the only defenses is that the police should have correctly administered or explained 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.