Failing a sobriety test can be an overwhelming experience, especially when you’re not sure what will happen next. Many people are surprised to find that field sobriety tests are not always as reliable as they seem, and failing one does not necessarily mean you’re guilty of driving under the influence. Our friends at Stechschulte Nell discuss how the results of sobriety tests can be contested and what steps you can take if you find yourself in this situation.
Stay Calm And Cooperate With Law Enforcement
The first and most important step is to remain calm. An encounter with law enforcement can be stressful, but staying collected can help avoid any misunderstandings or added complications. If you’re pulled over and asked to perform a sobriety test, it’s generally best to cooperate politely. Officers typically ask drivers to perform these tests if they have reason to suspect impairment. Remember, though, that a failed test doesn’t necessarily confirm that you were impaired; various factors can affect the outcome.
Being respectful and cooperative with the officer is essential. Any resistance or agitation can be noted in the police report, and this could influence your case later. Answer questions politely, but remember that you have the right to decline certain questions that are not directly related to your identification or vehicle details.
Know That Field Sobriety Tests Are Subjective
Field sobriety tests include physical tasks like walking in a straight line, standing on one leg, and following an object with your eyes. These tests are designed to gauge coordination and balance, but the results can be subjective. A wide range of factors, including nerves, medical conditions, uneven surfaces, or even fatigue, can impact your performance.
Failing one or more of these tests does not automatically mean you’ll be convicted of DUI. A DUI defense lawyer can help you review the circumstances under which the test was administered and challenge any unreliable aspects. It’s important to remember that failing a sobriety test is not the same as a guilty verdict, and you have options to contest the results.
Chemical Tests And Your Rights
In addition to field sobriety tests, officers may also ask you to take a chemical test, such as a breathalyzer. Chemical tests are generally more accurate than field sobriety tests, but they are also subject to errors. If you are asked to take a breathalyzer test, know that, in most states, refusing this test can result in immediate penalties, including the suspension of your driver’s license.
If you fail a breathalyzer test, it can feel like the case is over, but that’s not true. Breathalyzer devices are not infallible; they require proper calibration, and certain medical conditions or substances can produce false positives. Many DUI cases involve successful challenges to breathalyzer results, especially if the device was not correctly maintained or if other evidence is available to counter the results.
Document Your Experience And Gather Information
If you fail a sobriety test, make sure to document everything you remember about the traffic stop as soon as possible. Note details such as the time and location of the stop, the instructions given by the officer, the type of tests you were asked to perform, and any other relevant details. Observations about the environment, such as lighting or road conditions, can also be helpful in your case.
If possible, identify any potential witnesses who were present during the stop. This information can be valuable when working with your lawyer to challenge the officer’s observations or the results of the test.
Consider Legal Representation
Failing a sobriety test can lead to serious consequences, including fines, license suspension, or even jail time. A DUI defense lawyer can help you understand the evidence against you and develop a defense based on the details of your case. Legal representation is essential when facing DUI charges, as an attorney can examine the validity of the sobriety test results, review police procedures, and identify any defenses available.
Attorneys with experience in DUI defense, like those at Stechschulte Nell, discuss the importance of understanding each piece of evidence and knowing how to challenge tests that may not be as reliable as they seem. A lawyer can help you understand your options and take action to protect your rights.
If you or someone you know has failed a sobriety test and is facing DUI charges, don’t hesitate to reach out for legal support. Having an experienced attorney by your side can make a difference in the outcome of your case.