I Passed a DUI Field Sobriety Test, Can I Still Face Charges?
If you are pulled over by police for the suspicion of driving under the influence, the officer will ask you to perform roadside maneuvers. These tests are voluntary. Although the police may want you to assume otherwise, you are not obligated to perform the roadside tests.
What happens if you pass a roadside test, yet you are under arrest?
The truth is that these tests are not intended to prove your innocence. They are in place to allow an officer an opportunity to gather evidence against you. The police do not need to consider the results to make an arrest. What an officer might not want you to know is that roadside tests are not an accurate gauge of intoxication. An experienced attorney can challenge and beat evidence from these tests in court. Field sobriety tests can face scrutiny due to factors including high subjectivity.
A DMV hearing officer will interpret the test “results” unless challenged. This means that even if you feel you passed a roadside test, an officer may report you failed. Police video often shows that officers make incorrect judgments when determining driver intoxication.
Under laboratory conditions, all standardized field sobriety tests are inaccurate. The National Highway Traffic Safety Administration study found that roadside tests unreliable up to 23% of the time. They are the body which created these tests. Life does not happen in a vacuum. Police often times incorrectly perform the roadside tests. This can skew the results.
In any interaction with the police, it is vital to understand your rights. You have the right to legal representation. You do not have to say anything without your lawyer present. Law enforcement may be looking to build a case against you from the very first moment. It is vital to avoid self-incrimination. You have to show the police your license and registration. But you do not have to answer any other questions. If police continue to question you, you have the right to remain silent.
If police accuse you of DUI after agreeing to a roadside test, it is vital to contact Musell Law immediately. Musell Law years of experience defending DUI and criminal cases. Even if law enforcement asserts that you did not pass a field sobriety test, we can still fight for you. Contact Musell Law to find out how we can help. Schedule a free consultation and learn about your legal options and possible defenses.