Chemical and Field Sobriety Tests

DUI field and chemical test results can and often should be challenged.

For most people, being pulled over for suspicion of DUI is often the first contact they have had with law enforcement. Then they are asked to perform field sobriety tests that are unlike anything they do in everyday life. They are nervous and confused.

The types of tests given and the circumstances under which they are performed often result in the police officer having an opinion that the driver is impaired. Remember, the results are the officer’s opinion, not verified fact. Consider the circumstances:

• It may be dark, red 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. These are not typical things most people do on a daily basis. Age, physical conditions and confusion can affect the results.
• Gravel on the road’s shoulder or an uneven surface can affect performance. Add high heels or clogs, and it is difficult to appear sober while performing tasks.
• A back problem or other physical problem can prevent placing weight on one leg or balancing for any length of time.

A client who could not pass the field sobriety tests because of physical limitations blew a zero BAC on the breathalyzer machine, but the officer decided to arrest him 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. 205-683-6185.

At the Amari Law Firm in Birmingham, you can have a free initial consultation with an experienced DUI defense attorney. Attorney Johnny Amari will explain your rights and take immediate steps to protect those rights. Contact us as soon as possible.

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