At The Law Offices of Robert F. Sommers, many of our clients have endured a series of field sobriety tests upon their arrest for DUI. However, despite passing the field sobriety tests, they end up being charged anyway. So why would that be the case?
The truth of the matter is that field sobriety tests aren’t actually “tests” at all. The real purpose of this testing is not meant to demonstrate whether you are drunk or not, but solely to make you appear drunk in order to be used as evidence against you.
The three core field sobriety tests are the following:
- The walk-and-turn
- The horizontal gaze test
- The one-leg stand test
Whether you pass or fail depends on the personal observations and impressions of the arresting officer, making these tests completely subjective since there is no measurable scale which can prove an individual’s condition. Even if you haven’t been drinking, these tests can be quite challenging. For example, on the one-leg stand, a motorist may have difficulty standing on one leg for 30 seconds if they have a leg injury, back injury, are over 65 years of age or overweight. Meer physical impairment alone shouldn’t be viewed as evidence of being inebriated.
If you have been arrested for a DUI and were the subject of one or more field sobriety tests, it’s important to hire an experienced DUI attorney due to the inherent flaws of these tests. These tests can be effectively challenged in court.
Contact our firm today for more information about DUI or to schedule an appointment.