I Failed the Field Sobriety Tests – Is There Hope That I Can Avoid a Conviction?

By Jonathan Blecher on August 23, 2017

When you are pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol and the police officer asks you to submit to a few field sobriety tests, in most cases the wise choice is simply to refuse. You can’t be punished for refusal and it is possible that the officer doesn’t have the means to conduct any blood, breath, or urine tests right then and there. However, if you are like most of us, you might not have known that you could refuse those roadside tests and agreed to take them.

And then you failed them. So what now? Does this mean you are definitely facing a DUI conviction that will slap you with high fines, a suspended license, and possibly even jail time? Not necessarily.

Field Sobriety Tests are Notoriously Unreliable

When you think about field sobriety tests, you are probably thinking about standing on one foot on a bumpy road, walking a straight along a line that is anything but, or trying to recite the alphabet backwards. And you wouldn’t be misled. Those are some of the most common forms of testing someone curbside, along with having to follow the end of a pen while a bright flashlight is shone right in your eyes. At first glance, there are immediate problems with these tests.

More or less, there isn’t a single field sobriety test that is completely reasonable. Even standing on one foot for a minute can be difficult for someone who is sober, especially if they are elderly, overweight, or suffering from a leg injury. And when was the last time any of us recited the alphabet normally, let alone backwards?

Worse yet, the results are entirely subjective. There’s no data sheet printing out in the officer’s car that has the empirical results
of your field sobriety tests. He doesn’t have some fancy device that studies your motions with a computer’s precision. These tests
are subjective and based on the judgment of the police officer.

With the assistance of a skilled Miami DUI defense lawyer such as myself, Attorney Jonathan Blecher, the prosecution’s claims can be entirely dismantled. By pointing out the numerous flaws in field sobriety test results and presenting critical evidence on your behalf, I could help you walk free after a complete dismissal of your DUI charges. With a perfect 10.0 “Superb” Avvo Rating
and more than 3,000 DUI cases under my belt, you can trust me to protect your rights with the precision and dedication that few other defense attorneys could.

Start building your DUI defense case by scheduling a free case review with me today! Call 305-321-3237.