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Now that we have exposed the reality about field sobriety tests, it’s time to discuss some defenses to them should you ever find yourself in the unfortunate situation of having performed them and arrested for a DUI. I should clarify, that in the context of field sobriety test, the goal is to discredit the idea that one’s performance is indicative of someone who is under the influence of alcohol.

Now, while the best defense against field sobriety tests is to refuse to take them in the first place, for those of you who were not aware that they were optional, there are three basic ways an experienced DUI attorney can dispute the accuracy, reliability and subjectivity of the field sobriety tests as evidence of intoxication:

1. Poor Test Conditions: The focus here is on the conditions under which a person had to perform the tests, such as uneven/cracked pavement, bad weather conditions, darkness, flashing lights, bad footwear, excessive wind, etc.
2. Poor Test Instructions: The focus here is on the manner in which the DUI officer provided instructions on how to perform the tests and whether they did so properly.
3. Physical Condition/Limitation: The subject may have any number of physical conditions affecting their ability to properly perform the tests, such as a knee injury, back injury, ankle injury, inner ear problem, eye problems, foot problems, fatigue, vertigo, dizziness, etc. The list is large. Basically, any physical condition that would affect a person’s balance and/or coordination provides a reasonable, non-intoxicated explanation for an otherwise lackluster performance on the tests.

Any number of these factors can directly impact a person’s ability to perform the tests in a manner in which the DUI officer finds acceptable. Also, let’s not forget to mention the fact that you are, undoubtedly, nervous beyond belief when asked to perform the field sobriety tests. It may have something to do with the fact that you are about to be handcuffed, thrown into the back of a police car and taken to jail. Yipes!

The bottom line is that there are many ways in which an experienced Los Angeles criminal defense DUI lawyer can demonstrate how field sobriety tests are not good indicators of intoxication.

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Related posts:

1. The Reality About Field Sobriety Tests!
2. DUI: Field Sobriety Tests.
3. DUI Checklist: What To Do If You Are Stopped for DUI!
4. DUI Defense Attorney: What Tests Do I Have to Take If I Am Stopped for a DUI?
5. Ventura Drunk Driving Lawyer: What Are My DUI Rights?

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This entry was posted on Wednesday, April 29th, 2009 at 12:19 am and is filed under DUI. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.