Police responded to a report of a reckless driver made against our client. They observed the client swerving and pulled him over. Upon request, the client failed a field sobriety exercise and refused to try any others. He also mentioned to the police that he had taken pain medication. Finally, the client refused to provide a breath sample when requested, causing the police to arrest him for DUI.
Sobriety Testing Exercises
Sobriety testing exercises are used in order to help police officers determine if a driver is driving under the influence. These tests are designed to make the driver fail. There are typically three main tests that police officers will conduct:
- The horizontal gaze nystagmus test- In this exercise, the offender will need to follow an object with his or her eyes, such as a flashlight, a pen, or another straight object. This test is used by many police officers; however, in many courtrooms, judges will only allow this as evidence if the police officer has been specifically certified as a drug recognition expert.
- Stand on one leg- During this test, the offender will need to stand on one leg without wobbling or putting the foot down. The foot will need to be raised about six inches off the ground. Arms may not be put out to the side, and the offender usually needs to stand that way for half a minute.
- Walk and turn- In this exercise, the offender will walk heel to toe for nine steps and then turn around and do it back again.
There may be other tests that police officers use, such as counting backward, saying the ABCs backward, or putting the finger to the nose test; however, the three tests listed above is standard. Tests are recorded to use in court against the offender.
Retaining Attorney Services
If you have been pulled over for a DUI, you need an attorney to represent you. You should look for an attorney that has won many cases, that is skilled with their defenses, and can successfully negotiate with the prosecution.
At Musca Law Firm, our attorneys meet the above criteria and much more. Our staff has over 150 years of combined experience. We offer a free consultation and will work hard for your rights. Call us today as we look forward to speaking with you.
RESULT: The DMV immediately suspended the client’s license for 18 months, but our attorney responded quickly by challenging the suspension. Because police explicitly stated that they did not suspect the client of drinking, the attorney rightly pointed out that a request for a breath sample should not have been made. Despite this argument, the hearing officer refused to invalidate the suspension. Convinced the hearing officer made the wrong ruling, the attorney appealed the decision. She was able to persuade a higher court to overrule the DMV’s decision, resulting in A FULL REINSTATEMENT OF DRIVING PRIVILEGES!