Fort Lauderdale Psychiatric Problems Attorneys
Field sobriety exercises, also sometimes known as roadside tests, are meant to test an individual’s ability and basic levels of function. The problems with these tests are that they are not accurate, particularly when they are not conducted properly. Additionally, they are intended to be used on individuals that are healthy, both physically and mentally. When a person is suffering from mental or psychiatric issues, the results of the field sobriety exercises may be incorrect. If you have been charged with a DUI after engaging in field sobriety exercises, our Fort Lauderdale psychiatric problems attorney can help with your case.
What Psychiatric Problems Interfere with Field Sobriety Exercises?
There are a number of different psychiatric problems that can result in an inaccurate field sobriety result. Someone suffering from attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD) will have a very difficult time performing these tests even when they are not impaired. They may not be able to focus on the instructions the officer provides, or they may become distracted during the test and put a leg down too quickly, or move their head. An officer may mistake these natural impulses as impairment and charge the driver with DUI.
People that suffer from anxiety may also find field sobriety exercises extremely difficult to complete. Some people also become extremely nervous when they are pulled over by police, and then asked to perform a series of tasks they are not familiar with. Even this short-lived nervousness is often enough to cause a driver to fail a test, even when they are sober.
You Do Not Have to Prove Your Psychological Problems
When you are charged with a DUI, you will go to trial and the prosecution will try to prove their case beyond a reasonable doubt. That is a very high standard of proof, as it means there is no reason to doubt that you were impaired at the time you were pulled over. When proving their case, the prosecution must establish that you were impaired at the time and that your failure of the field sobriety exercises was not due to any medical or psychological condition. You do not have to prove that you failed the roadside test due to a psychiatric problem.
However, your attorney can use the fact that you suffer from a psychiatric problem to challenge the arguments of the prosecutor. They can argue that it was your psychiatric issue that caused you to fail the roadside test, and not impairment.
Our Fort Lauderdale Psychiatric Problems Can Uphold Your Rights
If you suffer from a psychiatric problem and failed a field sobriety exercise as a result, our Fort Lauderdale psychiatric problems attorney at Meldon Law can uphold your rights. We know how to challenge the arguments of the prosecution so you have the best chance at a positive outcome. Call us today at 800-373-8000 or contact us online to schedule a free consultation and to learn more about how we can help.