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Hiring a Pasadena DUI Attorney to Challenge Sobriety Test Results

Posted by: headm on: August 5, 2015

Field sobriety tests (FSTs) are the primary way police officers determine whether a driver is intoxicated. A motorist suspected of driving under the influence may be asked to undergo tests such as:

Counting while standing on one foot

Walking heel to toe

Slowly touching their nose with a finger

Counting or reciting the alphabet backward

If a driver cannot perform as requested or otherwise appears suspicious, an officer can use the test results as evidence of intoxication.

Is it Mandatory to Take a Field Sobriety Test?

While it is advisable to cooperate with police, motorists should know that most states’ laws do not require field sobriety testing. Drivers have the option to refuse; however, that refusal will be noted in police reports. Other police requests are mandatory–for instance, if an officer asks a driver to take a Breathalyzer test, the person may be legally required to do so. In some areas, refusal of breath testing can result in driver’s license suspension. Check your state’s laws before refusing field sobriety testing, and if you have already refused, hire a DUI attorney.

Challenging Field Sobriety Test Results

Proving a driver’s intoxication depends mainly on the results of field sobriety testing. If you believe that your test results are inaccurate, you and your attorney may be able to challenge them in court. When mounting such a challenge, you may present factors such as:

Your age, weight and amount of driving experience

Whether you were ill, taking medications, or wearing contact lenses (which can interfere with eye movement)

Road conditions at the time of the test

The experience and skill of the testing officer

State DUI laws

Most sobriety tests are done in view of a video camera, which is installed in the investigating officer’s car. If a test’s results are challenged, video can be used as state’s evidence. Some methods used in FSTs are known to be inaccurate; for instance, eye movement tests are unreliable in determining intoxication. Many states reject that test’s results when deciding DUI cases.

Hiring an Attorney to Challenge Test Results

If you want to challenge the results of a field sobriety test, it is wise to call a pasadena dui attorney. Your lawyer can advise you on how to handle your claim. Every state’s DUI laws are different, and an attorney can tell you how your state’s laws affect your case.

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