Reliable Defense from a North Mississippi DUI Attorney
You can refuse to submit to the field sobriety tests. A police officer will often ask you to submit to a chemical test even where you passed the field sobriety tests with ease. Should you seriously consider refusing these tests? The reason to reject is that they are subjective in accuracy and validity. Where you submitted to the field sobriety tests and thereby provided probable cause for your arrest, there is still hope if you allow a skilled DUI litigator to assist. William Wayne Housley can assert this and other possible defenses regarding the Field Sobriety Tests. Through training and experience, the flaws in the results of these tests can be exploited and the best possible results for my clients can be achieved.
What are the field sobriety tests?
The determination of probable cause to arrest is not always as clear and straightforward as it may seem. The fact is that many of us do not perform well on field sobriety tests even when completely sober. In addition, the design of the tests is to make someone fail in order to create potential evidence against you.
Subjective scoring of the field sobriety tests is frequently misinterpreted. The tests may lead to your arrest, but it also may provide substantial grounds for challenge of evidence in court. Officers utilize the combination of three test to assess drivers condition per the National Highway Traffic Safety Administration (NHTSA).
The three tests are as follows:
- Horizontal Gaze Nystagmus: Involves following an object with the eyes.
- Walk and Turn: Involves walking in a straight line, heel-to-toe, for nine steps or as instructed by officers.
- One Leg Stand: Involves standing on one leg and lifting the other six inches in the air.
What can happen if I refuse to take the field sobriety test?
Refusing to submit to field sobriety testing is not the same as refusing to submit to a chemical test. Law enforcement must have "reasonable cause" in order to stop you, unless you are at a sobriety checkpoint. They may ask you to perform these tests as part of a DUI arrest and it is important that you contact me to ensure that your rights are protected.