Have you ever been arrested for DUI, but you weren’t actually drunk or high? It’s more common than you might expect. This is often the result of field sobriety tests, which are incredibly unreliable and frequently inaccurate. According to the National Transportation Safety Administration, even when administrated correctly in ideal conditions, they’re only about 77% accurate. That’s a pretty big margin of error – one that could lead to serious consequences for you if you’re charged with DUI.
But what should you do about it?
It’s not like you can change the law enforcement officer’s method of evaluating whether your or not you’re intoxicated. However, you can work the system in your favor. Many people don’t realize that by law, field sobriety tests are optional. You don’t have to complete one at all! The law enforcement officer who pulls you over may ask for you to do one, but legally, you don’t have to comply. The police officer may phrase their request in a way that it seems like you don’t have a choice, but you do. Just decline politely and the police officer will realize that they can’t actually force you to complete one.
Why is it so subjective?
Field sobriety tests inherently rely on the law enforcement officer’s ability to discern whether you’re intoxicated or not. Many times, they misinterpret people’s normal behavior for signs of intoxication. For example, perhaps someone has poor balance even when stone cold sober. Of course, they’re not going to be able to balance very well performing a field sobriety test or at any other time! Perhaps they take medication that makes their eyes red, or they have had a speech impediment since birth. Perhaps they have a mental or physical impairment that impacts their ability to complete the test effectively. Many older individuals, such as those who are over 60, may have difficulty with the test as well, and the police officer may interpret this as a sign of intoxication.
Environmental conditions can effect the outcome of the field sobriety test, too. If the pavement is slippery or uneven, or if traffic is constantly whizzing by, making it nearly impossible to hear the officer’s instructions, people may fail your field sobriety test even though they’re not intoxicated at all.
How can field sobriety tests lead to false arrests?
When a law enforcement officer asks you to do a field sobriety test, they are attempting to build enough probable cause to arrest you. If you agree to one, you may be setting yourself up to be arrested for DUI. If you refuse to do one, the officer may not have enough probable cause to arrest you.
What to do to avoid a DUI conviction
If you are arrested for DUI, you need to find a lawyer you can depend to defend your rights and best interests throughout your DUI case. Attorney Dan Chambers was recently named by Orange County’s Coast Magazine as a top DUI attorney in the area. He’s an excellent choice because as a former prosecutor, he knows how to out-maneuver them and prevent a DUI conviction from being issued against you. At the very least, he’ll negotiate a lessening of the penalties in your DUI case, possibly preventing you from having to go to jail or decreasing the fine amount you’ll have to pay.
Get legal help for your DUI case immediately by contacting the Chambers Law Firm today. Call 714-760-4088, email dchambers@clfca.com, or use the chat box below to schedule your appointment with Attorney Chambers now.
