Field Sobriety Tests Defense in Jacksonville
Powerful Defense from Our Jacksonville DUI Attorney
If a police officer suspects you are driving under the influence, the officer
will ask you to perform field sobriety tests. While the officer will not
tell you this, these tests, unlike the
breath test, are voluntary and rarely to your advantage to agree to take them as they
are fundamentally physical agility tests and can be failed by even a sober
person. Nevertheless, if you fail, the officer will use them to defend
the decision to arrest you for DUI.
Standardized Field Sobriety Tests
For those who have been arrested following field sobriety tests, there
is good news. By working with an experienced Jacksonville DUI lawyer well-versed
in these tests, you may be able to invalidate the results in court. Usually
prosecutors use breath, blood or urine test results to establish that
a defendant is DUI. However, sometimes these test results are not usable
in court due to procedural errors. At that point, the prosecutor will
fall back on field sobriety tests to prove that you are DUI. The most
common tests are:
Horizontal Gaze Nystagmus (HGN): The officer positions an object twelve inches away from your eyes and
moves it back and forth. The officer observes your eyeballs to see if
they lurch or quiver.
Walk and Turn
(WAT): You are asked to take nine heal-to-toe steps along a line and then turn
around and walk back. The officer watches to see if you lose balance or
One Leg Stand (OLS): While standing straight with arms at your side, you are asked to raise
one leg six inches and start counting until the officer tells you to stop.
The officer watches for you raising your arms to balance yourself or any
other non-optimum action.
Common Defenses Against FSTs
Just because you have been told that you "failed" a field sobriety
test does not mean that you will be convicted. There are several different
factors which can be utilized during a DUI defense cases that are to your
benefit. For example, it could be argued that there were extenuating circumstances
which made it appear that you had failed the test when in all actuality,
you had not.
Even just being nervous could cause a sober person to appear to be intoxicated
during these tests. What if you have poor balance? What if you were uncomfortable
shoes? What if the officer was unclear with the directions? All of these
are questions that will be investigated by your attorneys. Field sobriety
tests are clearly outlined by the National Highway Traffic Safety Administration
(NHTSA) – if the officer did not administer them perfectly, there
could be grounds to defend your future against conviction.
Jacksonville DUI Attorney: Fighting Faulty Tests
At The Law Offices of Jason K.S. Porter, P.A., we defend clients charged with
DUI in the Jacksonville, Florida area. As former DUI prosecutors, we are alert
to police violations of field sobriety test procedure. Furthermore, we
know that these tests, even when administered properly, mean little more
than the client is not agile. We are also aware that police observations
are subjective, biased and often exaggerated. In court, we make these
points forcefully as we press for acquittal of charges.
Call (904) 701-0591 or
request your free one-hour consultation online to start your defense!