Home > Jacksonville DUI Lawyer > Field Sobriety Tests Defense in Jacksonville
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. An experienced attorney skilled in field sobriety tests defense in Jacksonville can challenge the validity of these results and protect your rights.
For those who have been arrested following field sobriety tests, there is good news. By working with an experienced DUI lawyer in Jacksonville who is 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:
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 that can be utilized during a Jacksonville DUI defense case that are to your benefit. For example, it could be argued that there were extenuating circumstances that 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 in 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.
At Problems? Pick Porter!™, 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 that 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, providing skilled field sobriety test defense in Jacksonville to protect our clients’ rights.
Call (904) 858-3211 or request your free one-hour consultation online to start your defense!