Understand the rules and regulations regarding field sobriety tests
Law enforcement is not allowed to simply arrest you on a hunch that you might be driving while intoxicated. Instead, they must establish a reasonable suspicion, otherwise known as “probable cause.” In order to do this, officers will often stop those who they suspect might be driving while intoxicated and administer field sobriety tests to attempt to confirm their suspicion and establish grounds for an arrest. However, many people are surprised to learn how notoriously unreliable field sobriety tests are; many of them require you to complete a task that’s difficult to do while completely sober. If you think you have been wrongfully arrested as a result of an erroneous field sobriety test, you should speak with a Murfreesboro DUI attorney as soon as possible.
The Law Offices of Joshua T. Crain are dedicated to protecting the rights and freedoms of those who are accused of driving under the influence and can provide you with aggressive, knowledgeable representation throughout your case. As a former Assistant District Attorney General, Attorney Crain knows how the other side of the courtroom thinks and can tailor his strategy to counter their case and give you the best possible chance at a successful outcome. Our firm has top-rated attorneys, who have obtained a perfect 10.0 Superb mark from Avvo, and has been twice named a Top 100 Trial Lawyer by The National Trial Lawyers.
TYPES OF FIELD SOBRIETY TESTS
The National Highway Traffic Safety Administration (NHTSA) has standardized three field sobriety tests for use by law enforcement. While standardizing them and using multiple tests at the same time has greatly increased accuracy, these tests are still incorrect about one out of every five times. Human error also leads to more discrepancies and could play an important role in your case.
The three accepted field sobriety tests are:
- Walk & Turn Test
- One-Leg Stand Test
- Horizontal Gaze Nystagmus Test
The horizontal gaze nystagmus test is widely regarded as the most accurate and the hardest to fool, but even then it’s only correct about 75% of the time. This leaves a remarkable amount of uncertainty as to whether or not the officer’s suspicion of your intoxication was warranted. Let a skilled lawyer examine the evidence of your case and work with you to help fight back against your charges.