Sobriety Tests and Stops

When on the look out for DUI offenders, the police officers look for warning signs. These warning signs include sudden lane changes, swerving in the lane, not using a turn signal while turning, etc. If the officers notice any such behavior, they will stop the motorist and subject him or her to a field sobriety test. The police will tell you that field sobriety tests are a good indicator of knowing if a person is intoxicated. If you fail the sobriety test, you will give the police officer probable cause to arrest you for DUI.

If you have failed a sobriety test and been charged with DUI, contact an experienced DUI attorney. The filed sobriety tests are so designed that most people will fail these tests giving the police officer probable cause to arrest them for DUI. An experienced DUI attorney will challenge the administration of the field sobriety tests and question the accuracy of the results of such tests. DUI attorneys have the skill and experience required to challenge these tests. There are many factors that can cause a normal person to fail a field sobriety test.

You should challenge the field sobriety test results. There is no scientific evidence for the accuracy of the results of such sobriety tests. People who are overweight or suffer from some medical problems or fatigued will most likely fail the sobriety tests. By using the services of expert witnesses you can show that the filed sobriety tests are biased and the results of field sobriety tests can be affected by many factors including weather and road conditions. The results of the field sobriety tests are subjective to what the officer considers as failing. Also if the officer does not instruct you properly, you will definitely fail the sobriety tests.

The police will insist that you take a field sobriety test if they have stopped you on suspicion of DUI. You can opt out of a field sobriety test. Field sobriety tests are designed to make you fail so that the police have a probable cause to subject you to a breath analyzer test.

Sobriety stops are part of the overall DUI enforcement strategy of police departments across the nation. Sobriety stops are set up at different locations where motorist are stopped for DUI check. You can challenge the validity of a sobriety stop. Sobriety stops can be a violation of your Fourth Amendment rights against unreasonable seizure. The sobriety stops must follow certain guidelines prescribed by the Supreme Court in a series of cases. If a police officer relies on his own discretion to stop you for a DUI check, he must have individualized suspicion before stopping you. Individualized suspicion is mandatory for such discretionary stops.

Being charged with DUI is no minor issue. DUI has serious consequences. You can be sent to jail even if it is your first offence. You may have to pay huge fines and undergo community service. Sometimes your driver’s license can be suspended. A DUI conviction will certainly see your motor insurance rates increase significantly. Hire the services of an experienced DUI attorney to fight the DUI charges against you.