Field sobriety tests are used as a quick way to estimate if a person is intoxicated. Based on the officer’s interpretation of the results, you may be charged with drinking and driving, or sent on your way. The most common tests that officers ask motorists to perform are the walk-and-turn test, the one-leg stand, and the horizontal-gaze nystagmus test. When you were pulled over on the Dulles Toll Road and performed these tests—you were taken to jail after they were over.
You were not intoxicated when you participated in the tests, yet the officer believed you were and charged you with a DUI. Admittedly, you were tired when you were driving, as it was late when you were coming home from babysitting your niece and nephew while your brother and sister-in-law enjoyed a nice night out. But the officer confused your tired appearance with intoxication.
Possible Defenses for Failed Field Sobriety Tests
Fortunately, you may have a defense against your damaging test results. With the help of a lawyer you may be able to walk away from this mess innocent. The following are a few possible defenses:
- The officer performed the test incorrectly. The National Highway Traffic and Safety Administration (NHTSA) literally wrote the book on testing procedures, and most often, the officers perform them incorrectly. This failure could result in a mark on your record.
- The testing conditions caused failure. Asking someone to perform complicated tests on the side of a busy road at night is a recipe for disaster. It’s only natural to become nervous, and if you’re like many, you may not perform as well as you could when experiencing this type of pressure. Additionally, if the ground wasn’t completely flat where you were tested, you could perform poorly as a result.
We Want to Fight for Your Rights
The Easley Law Firm wants to help you during this difficult time. Contact us today to answer any questions you have about your case, or to request our assistance in this matter.