- June 3, 2013
If your DUI stop involved any field sobriety tests, your Graham DUI lawyer will examine the results of how you did to determine if a possible defense can be raised, of if the tests can be excluded from the prosecution’s evidence. Field sobriety tests are not reliable if they are not conducted properly and according to procedure (and even then, their reliability in proving intoxication is debatable). Discuss with your Graham DUI attorney what effect field sobriety tests will have on your DUI case.
If you were given any coordination tests, it is especially important for your Graham DUI lawyer to examine the conditions under which they were administered to determine if the police performed them correctly. Did the police order you to do a one-leg stand at the police station on the even floor, or on the side of the road on a sloping embankment? Did you do the walk and turn test on a flat surface that is well-lit, or on the dark street where you could not properly see your feet?
Field sobriety tests are notoriously difficult for even sober people to perform. If the prosecution wants to admit evidence of a coordination test, your Graham DUI lawyer might have your physical coordination evaluated to determine a baseline for your performance.
Your Graham DUI attorney will also consider having you perform a field sobriety test in court to demonstrate its difficulty. If you can show the jury how difficult it was to perform even in a controlled, well-lit setting while sober, your Graham DUI lawyer may be able to discredit the state’s theory that your poor performance was the result of intoxication.
Another common sobriety test is the nystagmus test, which is a measure of how quickly your eyes naturally oscillate from side to side involuntarily. If this test was performed, your Graham DUI attorney should have you evaluated for naturally occurring nystagmus to determine your baseline and whether the officer performed the test correctly.
Field sobriety tests can be damaging to your DUI defense. For experienced legal help, contact a Graham DUI lawyer at Greene & Lloyd PLLC. Call (253) 770-0808.