Chemical and Field Sobriety Tests
DUI Field and Chemical Test Results Can and Often Should be Challenged
For many people, being pulled over for suspicion of DUI is often the first contact they have ever had with law enforcement. When they are then asked to perform field sobriety tests unlike anything they have ever had to do in everyday life, they become nervous and confused.
The various types of tests given, and the circumstances under which they are performed, often result in the police officer forming the opinion that the driver is impaired. Remember, the results are the officer’s opinion, not irrefutable fact. Consider the circumstances:
- It may be dark, red and blue lights are flashing, and cars are driving by at up to 70 miles per hour.
- You are asked to raise one leg and count to 10. You may be asked to say the alphabet backwards, or follow the end of a pen with your eyes without turning your head. These are not typical things most people do on a daily basis. In addition, age, physical conditions, and confusion often affect the results.
- Gravel on the road’s shoulder or an uneven surface can also affect performance. Add high heels or clogs, and it can be difficult to appear sober while performing tasks.
- A back problem or other physical problem can also prevent placing weight on one leg or balancing for any length of time.
One particular client who could not pass the field sobriety tests because of physical limitations blew a zero BAC on the breathalyzer machine, yet the officer decided to arrest him anyway, solely on the basis of field sobriety tests.
Chemical tests can help determine the truth. The accused driver has the right to ask for a blood test from a private lab. A blood alcohol content (BAC) of .08 or more is sufficient for an arrest.
Call a lawyer who will protect your rights. 205-655-8484
At the Amari Law Firm in Birmingham, you can have a free initial consultation with an experienced DUI defense attorney. Attorney John Amari will explain your rights, and take immediate steps to protect those rights. Contact us as soon as possible.
“I was arrested by an over-zealous police officer. That same day I called John and hired him to look into the charges against me. It turns out that I was charged with the wrong crime and I was charged with a crime that did not even exist. John had my case taken care of on the first visit to court.”