Failed The Field Sobriety Test? Ways To Fight It In Court

Being arrested for a suspected DUI can be devastating to your finances, your career, and even your long-term independence. After all, most DUI convictions lead to costly fines, a suspension of your license, and sometimes the loss of your job. That's why it's important to fight any DUI charges that you might be facing. Here's a look at what your DUI attorney wants you to know about fighting the charges even if you failed the field sobriety test.

Take The Location Into Consideration

When you're given a field sobriety test, the location where the test is administered is an important factor in how the test comes out. For example, if you're trying to complete the heel-to-toe walk or you're trying to balance on one foot, standing on rocky and uneven ground or alongside the road with busy traffic can make completing it difficult.

You should talk with your lawyer about getting pictures of the area if this is the case so that you can show the courts the hazards of the environment. This may cast doubt on your guilt by showing that anyone, even sober, would have had trouble completing the test in that location.

Call Out Improper Test Administration

In some cases, you may find that you failed the field sobriety test because the officer failed to give you adequate instructions to complete the task. If you didn't know precisely what they wanted you to do, it would have been hard to complete the test without making mistakes that left you failing. 

Talk with your attorney about any mistakes that may have arisen or any confusion you might have felt over the test administration so that he or she can pursue it. If the officer wasn't clear, concise, and thorough, the test may be invalidated.

Show Proof Of Any Illness Or Health Condition

For those with medical conditions that affect mobility, balance, and other skills, you may find that you fail a field sobriety test even if you're completely sober. The good news is that you can easily combat a failed field sobriety test with documentation of this medical condition. Your DUI attorney can help you gather the necessary evidence to document your health condition and combat the charge.

These are a few of the most common ways to combat a failed field sobriety test. Whenever possible, if you know for certain that you are not intoxicated, compile more proof by way of a breath test and other information as well. Your DUI attorney will help you with documentation and your defense.

For more information, talk to a DUI attorney in your area like those at Cohen Law Offices, LLC.


Share