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REASONS YOU COULD FAIL A FIELD SOBRIETY TEST

Broocks Greer, Attorney at Law, LLC Aug. 31, 2020

Last night you went out to the local wine bar with some girlfriends. You were driving home, so you made sure to only have one small glass of wine before switching to water. A few hours later, you got in your car to drive home.

That is where things took a downturn. A police car came up behind you on an unlit road and flashed at you to pull over. They accused you of swerving across the lane and accused you of driving while intoxicated (DWI). Then they asked you to get out of the car. You felt alone, confused and vulnerable.

Next, you had to perform their field sobriety tests. You ended up having to remove your heels, so you were left walking on the dirt in bare feet, not knowing what you were stepping on. Trying to follow the light from their torch, which was blinding you, was no easier. Then they cuffed you and took you to a cell `where you stayed until one of your friends bailed you out. It was meant to be a fun night out but turned into one of the most upsetting and humiliating nights of your life.

Field sobriety tests are not always accurate. There are many reasons why someone may fail:

  • Fear: Traffic stops at night can be scary for women. The anxiety can cause you to tense up or leave you unable to perform what would be straightforward exercises in a more comfortable situation.

  • Not understanding the instructions: Maybe the police officer did not speak clearly. Perhaps your English is not perfect.

  • Physical differences: All humans are unique. Just as some can easily do complicated math and some cannot, certain people may have inherently poor balance. A disability, an inner ear or ear condition could also cause you to fail the tests.

  • Medication: Prescription drugs can affect people in different ways.

Seek legal help to contest a DWI based on field sobriety tests.