Key West DUI- Fighting the Field Sobriety Test

Standing on the side of the road trying to concentrate on dexterity and balance tests is a very intimidating thing, and the manner in which these tests are administered don’t make them any easier. Field Sobriety Exercises are tests many people could not pass without a single drink in their system. So, it is no wonder that they would be very difficult to pass on the side of a busy road with an officer that is looking to have you fail! If you have recently been charged with a DUI in Key West, be sure to give attorney Alan Fowler a call today.

Notwithstanding what officers would like you to believe, Field Sobriety Exercises are ultimately subjective determinations by the officer.  Your performance of these exercises may or may not show signs of impairment.  Though, the officer is not looking for signs that are consistent with sobriety. Instead, the officer is looking for anything that he is trained to observe as a sign of impairment.

Here’s a look at some of the aspects of the exercises that can be called into question by your attorney:

  • Horizontal Gaze Nystagmus Test: When a police officer asks you to follow an object (like a pen) with your eyes, he is really analyzing the movement of your eyes. Involuntary jerking of the eyes is one thing they are looking for. But, there could be other reasons that you are unable to complete this test that have nothing to do with drinking and driving. Those reasons and how the officer administered this test are two such ways to fight this popular field sobriety test.
  • One Leg Stand: Some people have terrible balance no matter what! So it seems unfair that the One Leg Stand test is used to determine sobriety. Maybe you have a bad knee or maybe you just don’t do well with this type of balance test. Either way, there are a lot of reasons to fail this test that also have nothing to do with your alcohol consumption.
  • Walk and Turn Test: Putting one foot in front of the other and then turning around and doing the same may seem fairly straightforward, but when you are under the high stress of an officer giving you orders, this can be a difficult test to pass. And once again, whether you pass may have nothing to do with what you had to drink that night.

As you can see (or already learned the hard way), there are a lot of defenses to failed Field Sobriety Exercises.  Therefore, these exercises need to be carefully analyzed by your attorney in mounting your DUI defense.

If you are dealing with a DUI charge in Key West, be sure to give attorney Alan Fowler a call immediately to discuss your case. Time is of the essence, so do not hesitate to call Alan to set up your free consultation today – 305.912.2516