As
a DUI lawyer, I help a lot of people that have been pulled over for the
suspicion of drunk driving. It is important to note that you can be
pulled over for driving erratically, and the officer may suspect that
alcohol or drugs are involved. In reality, there are many reasons why a
person would not drive perfectly within the lanes even when drugs or
alcohol are not involved: turning down the music, handing your son a
toy, looking at directions. All of these things and many more, can lead
to distracted or careless driving that may have the same general
appearance as drunk driving. Once a traffic stop is initiated and if
they officer believes you are driving under the influence, the officer
will ask you to submit to a series of Field Sobriety Tests (FSTs). The
challenge is that even sober people can (and may even be likely to) fail
a field sobriety test. Reasons people fail a field sobriety test:
If
you submit to a field sobriety test, it will be conducted on the side
of the road with the potential for traffic rushing by. The entire
experience is both stressful and overwhelming for the majority of
people. Nervousness will often cause the mind and body to react in a
way that it normally would not under different circumstances. According
to the Mayo Clinic,
symptoms of nervousness or anxiety may include hyperventilation,
trembling, sweating, and trouble concentrating or thinking. All of
these symptoms can make it difficult to hear and understand the
officer’s commands, much less carry them out without looking physically
impaired.
Additionally,
as a DUI lawyer, I know that many of these tests require specific acts
of balance that are not always attainable by people with a disability or
those in poor health. For example, if someone is severely overweight
or recovering from a muscle sprain, standing on one foot may be
impossible. These tests are flawed in that they do not account for
medical conditions, anxiety or other factors beyond the officer’s
preconceived notion that a driver is impaired.
The type of tests that are demonstrated and why you need a DUI lawyer:
There
are several types of FSTs that are conducted throughout the country.
This includes the Finger-to-Nose test, One-Leg Stand test, Walk-and-Turn
test and more. Each test is designed to test the driver’s ability to
maintain focus and balance and follow directions. These tests purport to
be an accurate indication of whether an individual is under the
influence of alcohol or drugs. Again, the difficulty with the FSTs is
that they were designed for people that are physically healthy and
calm. The mere act of being pulled over by the police takes away the
calm that people would otherwise feel while performing the FSTs.
Exercise your rights.
The
FSTs are completely VOLUNTARY and you do not have to submit to any of
the Field Sobriety Tests – even the Preliminary Alcohol Screening test
is VOLUNTARY. If an officer asks you to submit to the FST, you have
every right to say ‘no thank you’. It is likely that you will not
complete the FSTs perfectly as demonstrated and any failure to follow
the directions of the officer will be highlighted in his report to make
it seem as if you are under the influence. You lifted your foot an inch
higher than requested? Bad. You opened your eyes slightly? Bad. There
was a one-inch gap between the heel-to-toe test? Bad. Do not submit to
the FSTs.
Focus on your defense.
Due
to the inability of a FST to ascertain levels of intoxication, many
people are arrested and accused of drunk driving without actually being
under the influence. As a DUI lawyer, I can mount a strong defense,
illuminate holes or flaws in the process, and work to demonstrate why my
client (you) is innocent. Since a DUI is a criminal misdemeanor
charge, it is extremely important to focus on your defense and fight the
charges.
