Wednesday, August 21, 2013

What to Do Next After Failing Field Sobriety Test in Florida



You are probably familiar with the different field sobriety tests after you have been stopped by police authorities because of reckless driving, or in the Sunshine State, reckless boating.  If you cannot do the necessary things to pass a field sobriety test, then you are in serious trouble as you may face potential criminal charges like driving under the influence (DUI), boating under the influence (BUI), or even driving under the influence of drugs. In case you fail such test, then you could be charged with a DUI even if you are sober.

In case you are facing DUI charges because of failing field sobriety test, the most important thing you should do is to stay calm and talk to a DUI defense lawyer. An experienced DUI defense lawyer can help you if you have been accused of DUI. A lawyer can help you fight the charges.

Although field sobriety tests are designed to fail, there are a number of reasons one might fail to perform the functions needed to pass such test. These are called “divided attention exercises”, which are created to test a person’s capability to listen to and follow instructions, and then perform a predetermined task.
There are different tasks involved in the test such as being able to place your finger on your nose, stand on one leg, follow an object with the eyes, or walk in a straight line and turn around. Even though a driver sober, he still could fail the test because of physical or mental disability, stress, fatigue, or even bad weather conditions.

A DUI lawyer can reduce the penalties or even dismiss a charge if you were experiencing any of the above conditions. Additionally, if the police officers who administered the test impaired your ability to take a field sobriety test at the arrest, then your lawyer can challenge it. There are other factors that could have led to your failing the test such as when an officer did not explain, demonstrate, or administer the test properly. As a consequence, the scientific validity of the test is highly fallible.

If you are charged with DUI, you should talk to a criminal defense lawyer as soon as you can. Field sobriety tests can be successfully challenged because of the conditions mentioned above. You should choose a lawyer with vast experience in handling similar cases to yours. Your lawyer can cite these conditions to lessen the penalty or drop the charge against you.

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