Understanding Field Sobriety Tests
Get Informed with Our DUI Attorneys in Marietta
There are numerous legal professionals who can represent you on charges
of driving under the influence, but when you face penalties including
a driver's license suspension, steep fines, insurance rate increases
and even being sent to jail, you owe it to yourself to find one who is
especially well-prepared to take on the case.
The Marietta DUI lawyer at
Henrickson & Sereebutra, LLC have been certified by the National Highway Traffic Safety Administration
for having completed a course for
DUI detection and administration of the standardized field sobriety tests
which were developed by the NHTSA. They know how to evaluate this type
of evidence for its strengths and weaknesses, and might be able to effectively
challenge the test results in your case.
Challenging Field Sobriety Test Evidence in DUI Cases
The standardized NHTSA test battery consists of three components: the one-leg
stand, the walk-and-turn, and the horizontal-gaze nystagmus. Each of them
is designed to detect drivers who are under the influence of alcohol to
the degree that they are unsafe to drive a vehicle, but none of them are
fool-proof. They do not provide scientific evidence, but depend largely
on the subjective opinion of the testing officer.
Even if you are able to perform the FST well, it does not exonerate you
from a DUI charge. Field sobriety tests may only be used as evidence against
you. Because of this, it is usually better to refuse to take the FST.
The officer may still be able to arrest you, but you cannot suffer any
legal consequence for refusing a field sobriety test (unlike
chemical BAC tests). Refusing a field sobriety test prevents the officer from gathering more
evidence against you.
At Henrickson & Sereebutra, LLC, we develop personalized defense strategies
for our clients who face criminal charges in Georgia. When it comes to
field sobriety tests in DUI cases, our Marietta defense lawyers review
the situation to determine whether any improper police procedures or other
factors led to a wrongful DUI arrest situation. Our criminal defense team
does not take any chances with our clients' rights.
Explore Your Legal Options with Our Criminal Defense Team
There are many ways to challenge this type of evidence, such as by placing
the officer's dashboard video camera footage of the investigation
and arrest under subpoena, gaining visual proof that factors such as bad
weather, inappropriate footwear or even intimidating behavior on the part
of the police officer made it difficult or even impossible for the suspect
to perform well on the test.
A criminal defense attorney from the firm can also cross-examine the officer
in court, potentially revealing deficiencies in the officer's understanding
of the testing procedure which might have prejudiced the test against you.
Contact our Marietta DUI firm today for representation!