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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