Information About Field Sobriety Tests That You Should Know About:
Field Sobriety Tests (FST) are a set of exercises given on the roadside, such as: walking on a straight line, standing on one leg while counting out loud, and touching your finger to your nose with your eyes closed.
The intended purpose of these so called “tests” is to prove that a person is impaired.
These “tests” are then “graded” by the police officer as they are performed. However, the “grading” is almost entirely subjective on the part of the officer. Whether you passed or failed these “tests” is largely based entirely on the officer’s personal observation and impressions, not on any objective criteria.
Note: By the time the officer asks a person suspected of driving under the influence of drugs or alcohol to do these roadside exercises, he or she has probably already decided that the person is guilty of DUI and is just looking for more evidence to support their decision. This in turn affects their ability to be objective in “grading” the “tests”.
In reality, these FST have been proven to be unreliable even if given under perfect conditions and are somewhat meaningless when it comes to proving DUI, no matter how well trained the officer is in assessing the results. In fact, roadside sobriety tests have little or no scientific validity at all.
In addition, many things can make conditions less than perfect. For example, road and weather conditions, lighting, type of footwear or clothing, and safety considerations, are just a few things that can negatively affect a persons performance. The police manual also says that these tests are unreliable if a person has an injury, is overweight, or is older.
An experienced DUI defense lawyer can prove this to a jury.
If you have been arrested for DUI/DWI and performed Field Sobriety testing, it is extremely important to hire a local attorney experienced in DUI defense ASAP so that the actual location of the “testing” can be examined. Roadsides can change. For example, grass can be mowed or overhead lighting repaired. It is important to have an expert examine or video a suspicious testing site without delay.
Note: DUI cases are often won on the little details of the case. Don’t let the details get lost by waiting too long to hire a lawyer.
Beware: Do not let the police officer trick you with their roadside sobriety tests; you will probably flunk, even if you score 90% and even if you are not impaired.
Remember your rights:
•You have the right to refuse to do these exercises.
•You have the right to remain silent.
•You should show the officer your, Jeffrey Meldon, Know your Rights Card.
•You should ask the officer if you are free to leave.
•You should ask to speak with your attorney before doing them.
Get help today. Call 352 373 8000 for your FREE Consultation.
Remember, the only sure way of avoiding the lifelong consequences of a DUI conviction is to not drink and drive!
However, if it is too late, do not make another mistake – hire an experienced DUI/DWI lawyer to represent you and do it ASAP, don’t wait! You can contact us today at 1 800 373 8000.
The experienced Trial Lawyers at Meldon Law are dedicated to preserving the rights of the accused.
Pictured above – Dan Weisman, Jeffrey Meldon, and Carey Meldon have a combined 60 years of legal experience representing people in Gainesville, Florida and Alachua County, Florida accused of DUI/DWI and other criminal charges. They wrote the DUI Guide for Alachua County – Ways to Possibly Avoid a DUI Charge or Conviction. Request your free copy today.
This free no obligation book, written by a team of experienced DUI defense criminal trial lawyers, gives insight into what a DUI charge is, ways the State can prove the charge, and possible legal defenses.
Being charged and convicted of DUI is best avoided by not drinking and driving! This book also gives information on what it takes to be over the legal limit, how alcohol affects the body, plus much, much more!