Posted on: 13 April 2017
If you've been pulled over for driving under the influence, one of the things that the courts will evaluate is the field sobriety test conducted at the time of the stop. While these tests can be very telling about your level of impairment, they aren't always entirely accurate. Here are a few things to discuss with your DUI attorney before the case goes to court.
How Experienced Was The Officer?
Field sobriety tests require specific training to know exactly what to look for in the physical movements and other responses. You may want to have your attorney look into the experience and training for the officer who pulled you over because inexperience can lead to inaccurate assessments.
Find out how recently the officer went through a field sobriety education course and how many DUI stops he or she has conducted. An officer who is new to the force or who hasn't done many field sobriety tests may be overzealous in their assessments of the test, leading to an arrest that may not be accurate.
How Was The Field Sobriety Test Performed?
There are certain standards and procedures that must be followed when conducting a field sobriety test and evaluating impairment. If you can show proof that the test was not administered correctly, this may help your case.
Often the best way to do this is by having your DUI attorney request the dashboard video of the stop and resulting test. That way, you can have an independent expert look at the entire procedure. If it's determined that the test was not performed correctly, expect to have that expert testify in court.
How Attentive Was The Officer?
Although everyone gets distracted sometimes, an officer conducting a field sobriety test should be paying attention to that test at all times. He or she should be closely watching your responses to the instructions. If the officer conducting your sobriety test is distracted, texting, or otherwise inattentive, this may be grounds to have the test dismissed as evidence.
This is another situation when it's best to request the dashboard camera video from the traffic stop itself. If it shows the officer being distracted, such as if they are visible on camera texting, you can present this in court to contest that the officer wasn't a reliable judge of your level of impairment.
For more help contesting a DUI charge, talk with a local DUI attorney from a law firm like Law Offices of Daniel Aaronson right away. He or she will evaluate your case and help you find any other possible defenses.Share