How do I know if a field sobriety test is accurate? 66 Answers as of June 19, 2013

I was pulled over after I had been drinking earlier, but I didn't have enough to get drunk. I was aware of everything and the officer accused me of swerving. I was asked to take a couple of tests and didn't pass, even though I was completely coherent about everything. The officer also accused me of lying about the fact that I was pretty sober. Can I fight this? How accurate are these tests anyway?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Field sobriety tests are nothing more than the officer's opinions of your performance on various coordination and balance tests. They are no more reliable than his degree of fairness. Of most importance is the result of the chemical test you must have taken. Yes you can always fight a DUI or any criminal charge. It is called a jury trial.
Answer Applies to: California
Replied: 5/8/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
A blood test is the most accurate test and you had a right to be provided one (that you would have to pay for) if you took all of their tests. You need to see any attorney with the police report to see if there is a defense there. This is very fact intensive.
Answer Applies to: Michigan
Replied: 3/5/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You fight the tests in a courtroom during a trial on the facts. The judge and jury will decide if the evidence against you is sufficient to convict you of the DUI.
Answer Applies to: Kansas
Replied: 2/28/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
It depends on the test and how it was administered. Please contact an attorney immediately to examine the facts of your case.
Answer Applies to: Minnesota
Replied: 2/27/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
The field sobriety tests are only a portion of the evidence. They are opinion and can be challenged. The Breath Test given at the station is admissible as evidence, if given properly, and is far more determinative of the case outcome. You should consult with a lawyer about the specifics of your case. Everyone is different and a lawyer who specializes in OUIs will be able to provide you with a good analysis of your case and your chances of success.
Answer Applies to: Massachusetts
Replied: 2/27/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    There is wide dispute on how accurate these tests are. I you believe that you were not under the influence you should consult an attorney skilled in the defense of DUI charges and fight the case in court.
    Answer Applies to: District of Columbia
    Replied: 2/27/2012
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, you can and should potentially fight the results if there were issues with the testing procedure. You are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to counsel. I strongly advise you to exercise that right and either retain a lawyer or request that the court appoint you a lawyer payable at the public's expense. Most attorneys provide free initial consultations. Speaking generally, the accuracy of alcohol tests depends on the type of testing used, whether the procedures were properly followed, whether the equipment was working properly, whether there were any issues with the either the tester due to biological or physical reasons or the test-administrator's conduct, and a litany of other potential issues as well. These tests utilize some fairly complicated machines. Generally speaking, blood-test results, administered in a proper hospital environment with appropriate lab-protocol, usually are the most accurate with the smallest potential deviation in results. Field-sobriety tests are the least reliable. Given the high-level of scientific complexity involved with these tests, it is not usual for defense attorneys or prosecutors to bring in experts in the field to examine the testing procedures as well. I'd advise you to consult privately with a criminal defense attorney.
    Answer Applies to: Michigan
    Replied: 2/27/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Surprisingly, PAS machines and breathalyzers are subject to much attack. After you hire an attorney to fight your DUI charge, she will request a copy of the squad car video. If it shows you were not swerving and, instead, driving with the capabilities of a sober person; your case could be dismissed.
    Answer Applies to: California
    Replied: 2/27/2012
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The blood test is more accurate than the breath. However, the blood alcohol result they came up with is crucial because if it was very high, you will have a difficult time convincing a D.A. that the margin of error would bring the result down below the legal limit. If it was near the .08 limit, you stand a better chance.
    Answer Applies to: California
    Replied: 2/27/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Yes you can fight it. Field sobriety tests are nothing more than subjective coordination tests. Which means the officer makes a judgment call based on his observations of the tests. Usually there will be.
    Answer Applies to: Montana
    Replied: 2/27/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    FST are supposed to be used to determine if PC exists to arrest. The govt studies rate them at 77, 68 and 65 percent reliable. That means that even on the best of times 1 in 4 people will produce false positives. If there is no chemical test, you have a triable case.
    Answer Applies to: New Hampshire
    Replied: 2/27/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Each device has a different accuracy. More importantly, the officer can make many missteps during the administration of the test that can cause erroneous results. Generally Field Sobriety tests are not as accurate as other tests that are given.
    Answer Applies to: New York
    Replied: 2/27/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can fight this if you so desire. An officer's opinion that you were intoxicated to the extent that you were unable to safely operate a motor vehicle is the proof that is required for court. The field sobriety test is one measure used by law enforcement.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Did you take a formal test (blood, breath or urine)? If the prosecution is trying to prove "under the influence" based on field sobriety tests alone, they need to be able to convince a jury that you were under the influence. If the prosecution has a blood, breath or urine test result that is at or over the legal limit (0.08%), they need only prove that your blood alcohol was at or greater than that maximum. It isn't a matter of how accurate the tests are. It is more a matter of how convincing your results will be to a jury. An attorney will try to convince a jury that the tests are not sufficiently accurate to support a verdict of guilty.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    A blood test can be retested by testing the second sample. Dependent on what county in Colorado the breath test was given. There may be no way to retest since the state now says that the breath testing machine is now the only machine in existence which never makes a mistake if it has been reprogrammed.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Field sobriety tests are not accurate. This is why the alcosensor field sobriety tester results are not admissible in a court of law. Field sobriety tests are only used as an INDICATOR that you had been drinking. A good percentage of people, for instance, cannot properly perform the leg stand, toe-to-toe walk, and other tests. The breathalyzer is a scientific instrument that is extremely accurate in determining the blood-alcohol content in your system. Those results are admissible in a court of law. Your refusal to submit to a breathalyzer is also admissible. Who cares if the officer accused you of lying to him about drinking more than you told him? Did you? The breathalyzer results would confirm that.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The Standard Field Sobriety Tests can be challenged in many ways. Yes, you can fight.
    Answer Applies to: New York
    Replied: 2/24/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    They are not accurate. The National Highway Traffic Safety Administration (NHTSA) which developed the field sobriety tests in the late 70's, early 80's, has conducted numerous studies on the tests themselves. According to their own manual which is given to train law enforcement personnel, the one leg stand test is accurate 65% of the time, the walk and turn test 68% of the time, and the horizontal gaze nystagmus test 77% of the time. There are several issues to call even those numbers into question concerning how the tests were conducted. The tests are also highly subjective, meaning that if an officer wants you to fail a test, you will. This is one reason why having a video of the stop and subsequent arrest is so crucial, yet most cruisers in West Virginia are not equipped with such equipment, and if they are it usually is not functioning.
    Answer Applies to: West Virginia
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    Field Sobriety tests/evaluations are subjective. Although, there is often a video recording of the driver's performance, too often, you can't really see with clarity how the driver performed.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The field sobriety tests are an indication of possible intoxication. The real test is the breath and/or blood test.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    The field sobriety tests are not very accurate and many people could not pass them sober.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    MCCLUSKEY LAW OFFICE
    MCCLUSKEY LAW OFFICE | Mary McCluskey
    You can absolutely fight this. It's your constitutional right to fight criminal charges. Contact a DUI attorney who can represent your rights at the administrative hearing at the DMV as well as the criminal prosecution. A DUI attorney can build a defense including ways to attack the results of the SFSTs, Standard Field Sobriety Tests. Law enforcement considers them to be quite accurate. However, unless the SFSTs are precisely and strictly followed according to NHTSA guidelines the tests can be seriously flawed.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    DelSignoreDefense
    DelSignoreDefense | Michael DelSignore
    Field sobriety tests are not an accurate measure of whether someone's under the influence of alcohol; even when the government studied these tests they found the tests are about 68% reliable. In my experience juries don't place a lot of weight on field sobriety tests so you certainly can win a case even if you failed field sobriety tests.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The better test is the breath test administered at the scene. If that was over .08, the other tests don't matter. The station given test is what is admissible in court, however.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Dependent on the skill of an officer the SFST (Standardized Field Sobriety Tests) may or may not have been completed correctly. Call an experienced DUI Lawyer who knows the SFSTs forward and backward, or has been certified to perform them himself. If it can be determined that the tests were completed inaccurately or incompletely, this can help your case a lot.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    Hire an experience DUI lawyer who is familiar with how the field sobriety tests should be administered, interpreted and scored. The officer will have to explain how he reached the conclusion that you failed the field sobriety tests. Cross-examination by an experienced DUI lawyer may establish that the officer did something incorrect or improper, and the results of the field sobriety tests (that you allegedly failed) may not be reliable.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    A common rule of thumb among experienced drunk driving lawyers is that if there is no accident and no breath test, the case can go to trial. A good trial attorney will know how to effectively attack the field tests even if the police claim you failed the tests. That fact that the police officer believes you are not telling the truth is not something that comes into evidence. He can only testify as to his observations and any admissions you may have made. He cannot give his opinion that you are a liar. A good attorney can help you fight the case.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    These tests are open to attack in every DUII case, as they can be very biased and subjective. Hiring a skilled attorney will be the best way for you to expose the problems with these tests at trial.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Coherence does not equal sobriety from a legal standpoint. Your ability to fight the charge depends on the facts of the arrest.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    The handheld units are not accurate enough to be court admissible. That is why they have to take you to the station to re-do the test with the bigger machine, whose results ARE admissible in court. If you plan to challenge your case based on how accurate the machine is, be prepared to hire a very experienced (as in expensive) DUI attorney.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Because the burden on the prosecution is to establish you were under the influence, not drunk, the fact you understood the police is immaterial. Also, a person under the influence, as well as stone cold derunk, THINK they did well on the FSTs, when in fact, they were not sober. A video would be the best proof, but short of that, courts and juries generally take the word of an individual who has undergone training and is presumed to be an expert in determining intoxication and impairment of a driver who has been drinking. How accurate are the FSTs is really an issue of fact to be determined by the judge or jury.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    I always check the maintenance, accuracy and calibration logs. I subpoena them.
    Answer Applies to: California
    Replied: 2/24/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    The field sobriety test may or may not be accurate. You really need to hire an attorney to help you with this. Lots of times officers have a dash cam in there police car that is running and videoing the stop. An attorney can help you possibly get this tape (if one exists). Do not take this matter lightly. The penalties on conviction are substantial.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    Passing or failing a FST is in like beauty, its in the eye of the beholder, or ultimately the judge or the jury. They are not accurate, most cops don't know how to do them correctly. An experienced DUI attorney will have a field day with that. You should absolutely fight it. What was your breath or blood test result?
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Rolloff Law Office, LLC | J. Rolloff
    These tests are a farce - in my humble opinion. All the really show is that you can't do the silly test - and considering they have no record of you having had performed them sober.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    Absolutely, you can fight. Contact a qualified dwi attorney. Check out their qualifications and fight it. Field sobriety is very subjective and is rarely performed properly.
    Answer Applies to: Arkansas
    Replied: 2/24/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    Every case is different, depending on which tests you preformed. You should consult an attorney to review the specific facts of the case.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Attorney at Law | Ernest Krause
    The officer will write a report. The test info will be analyzed to determine your blood alcohol level. The police department will send all info to the District Attorney. The DA will file a case against you or they won't. If that office does you will be summoned to court for your arraignment. Then you can get all the evidence against you, including blood alcohol readings. What happens then depends on various factors. If you have thousands and thousands of dollars to get an expert defense attorney (depending on the nature of your case) you might have a trial where the DA would have to prove the accuracy of the tests and many other things. Otherwise, you "fight it" by having a competent attorney get the best deal for you possible.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Some field sobriety tests, such as the walk and turn, are very subjective. Whether or not the person is capable of performing them at all is relevant as is how the officer was trained and how he conducted the tests that night. There are many aspects to this that can be challenged. Hire an aggressive attorney and discuss the tests in detail.
    Answer Applies to: Hawaii
    Replied: 2/24/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    You can be assured that they are not accurate. They are highly subjective and have little or no bearing on determining whether your ability to drive is impaired by alcohol.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    In short, Field Sobriety tests are designed to fail. There are well respected science experts who have written articles for scientific journals that agree with that statement.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    The only way to know if field sobriety test were administered properly is to be trained and certified in the administration of field sobriety test by the national highway traffic safety administration. If you do not have this training, you will not know. You need a lawyer who has this certification to properly represent you in this case.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    It sounds like you were arrested.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    The field sobriety tests, individually, don't really say much about a person's sobriety. It is only when they are examined in their totality, if explained and demonstrated properly, that they can give the officers some idea as to your intoxication. The FSTs are then usually backed up by some sort of chemical test, if one was taken. If you were arrested for DUI I recommend you contact a local attorney to assist in defending you against those charges, and bringing out the test performance and examining them more closely.
    Answer Applies to: California
    Replied: 2/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Field Sobriety Tests are not "pass-fail" tests. They are designed to allow the officer to observe your physical state through a series of maneuvers. Furthermore, one doing FSTs is not able to judge his or her performance. One has to be trained to evaluate FST performance. Moreover, unless you were standing outside your self, you are the worst judge of how you looked, Lastly, it doesn't take much alcohol to be over the legal limit. For a 200-pound male, five drinks will do it. And I don't know anyone who has an accurate perception of things when he or she is that drunk. I'm sure you have heard the term "beer goggles." There are more than a few morning surprises among those who drink outside the home. Some even result in babies.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    A field sobriety test is accurate to a point but not 100%. Today I met with a prosecutor and we viewed the video of my client's field sobriety tests and we both agree my client appeared to pass the tests and did not appear intoxicated. Nevertheless, he was arrested for DWI and submitted to a breath test. I believe his arrest was without probable cause and therefore anything he said after his arrest and the breath test after his arrest are inadmissible. Watching the video of your stop and field sobriety tests and your arrest would tell your lawyer if you have a defense.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    Standardized field sobriety tests do not have a high degree of accuracy comparable to any normally reliable forensic standard. You can fight, but a fair fight will require that you seek out and retain the services of the most knowledgable, experienced DUI trial lawyer familiar with the Court where your case will be heard that you can afford. Get an attorney involved as soon as humanly possible.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If the officer determines that you failed a field sobriety test then he will testify as to the results at trial. you have the opportunity to also testify concerning how you performed them. If you deviate in any way from the directions they will fail you. Drinking and driving is like firing a gun at a moving train and hoping that no one gets hit by the bullets. If you had more than four drinks you will be over the .08 limit and legally intoxicated, even if you didn't feel drunk. It would have been much cheaper to call a taxi. You should retain a good criminal lawyer to handle the case since it is a serious charge that can cost you thousands and you could get a criminal conviction that will make it very difficult to get a descent career.
    Answer Applies to: New York
    Replied: 2/24/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Hire an attorney. You can certainly fight it, and an attorney will be familiar with the types of defenses that you need to present, and he will know how to attack the other side's evidence or lack thereof.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Sometimes there is a video.
    Answer Applies to: Louisiana
    Replied: 6/19/2013
    Law Office of William C. Wood, LLC | William C. Wood
    Field sobriety tests may be challenged as they are only subjective indications of intoxication or impairment. Other factors generally come into play such as breathalyzer results, smell of alcohol on the breath of the accused, etc.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    Field tests are very subjective and must be carried out in a very specific way. The guidelines are published by NHTSA. It will require an interview of the officer and review of the report to tell you if they were conducted properly.
    Answer Applies to: Arizona
    Replied: 2/24/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    The tests are designed to be fairly accurate. However, there are particulars that must be met: such as proper footwear, lighted area, even ground, etc. When you consult an attorney, they will examine all of these factors in determining the accuracy and fairness of the tests.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    FST's are never accurate. They are simply a tool designed to support a later conviction. Which is why cops never tell you that FSTs are completely voluntary. People foolishly think that there is such a thing as "passing," but no matter how you do, the cop will arrest you anyway. For example, if you are asked to do 20 things and aced 19 of them, guess what will show up in the police report later? That's right, the 1 thing you did wrong!
    Answer Applies to: California
    Replied: 2/24/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Scroll down about the SFSTs and how easy they are to fail. Hire a good DWI attorney to fight your case.
    Answer Applies to: Texas
    Replied: 2/24/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The normal sobriety test where done when the legal limit was below .1%. They have about a 70% accurate rate. Not likely to win on attacking just the field test.
    Answer Applies to: Nebraska
    Replied: 2/24/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    These tests can be challenged as they are psychological more than physical. However, you need a good DUI attorney who knows these tests and how they are suppose to be conducted to challenge the validity of your particular test.
    Answer Applies to: Nevada
    Replied: 2/24/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    First of all, you do not have to be drunk to be under the influence for driving purposes. Secondly, how you did on the FSTs is a subjective matter based on the opinion of the cop. The most important factor is your blood-alcohol level from the blood or breath test. You did not share that with us.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Scott C. Athen | Scott Carl Athen
    You need to speak with an experienced DUI attorney. The field Sobriety Tests are designed for you to fail, but there may be defenses in your case.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The field sobriety tests are a measure of a person's ability to operate a vehicle safely. The accuracy of the tests is a function of the skill of the tester. Something you will not know until your skilled attonrey questions the officer. Can you fight the accusation? Sure you can, but you will probably not be successful without an attorney.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Ascheman & Smith | Landon Ascheman
    You should speak to a DUI attorney near you to discuss the specific tests and ensure that the office conducted them correctly.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Roadside tests are "junk science" and they definitely can be attacked. Did you submit to a chemical test (of either your blood or breath)? Consult with a qualified DUI defense attorney who can advise you and potentially fight these charges for you. Good Luck!
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Skilled DUI attorneys compare officer's instructions and tests with U.S. Govt official NHTSA sobriety tests. Only 3 are any good. The officer looks for "clues" as he watches you perform.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Field sobriety tests are built in a way that they officer can always say you failed. That is: they're incredibly subjective. You have the right to refuse the field sobriety tests but not the blood/ breath test. Thus, most people fail the FST's because it is what the officer observed and the officer is going to say you failed most of the time because their job is to get convictions. You can challenge his conclusions with cross examination and with the blood or breath test results.
    Answer Applies to: California
    Replied: 2/24/2012
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