Client was arrested and charged with DUI, after he was pulled over for throwing lit cigarettes out of his car window, swerving, and nearly striking another vehicle on the road. The officer explained the reasons for the stop, and our client was asked how much alcohol he had consumed, to which he responded: “three beers.” The officer then suspected that he was impaired, asking him to submit to a series of field sobriety exercises, which he agreed to and then allegedly failed. The exercises were videotaped by the officer, and submitted into evidence. Our client refused to submit to a breath test, after which he was read the Miranda Warning and taken into custody.
Field Sobriety Tests
Field sobriety tests are given to determine if a person has been under the influence. There are three main tests that officers may conduct as part of field sobriety testing:
- The one-leg stand
- The walk and turn test
- the Horizontal Gaze Nystagmus (HGN) test
These tests were designed to have drivers fail. Many police officers have even failed when they have taken them. An example of this is the Horizontal Gaze Nystagmus (HGN) test. It was designed to look for involuntary jerking of the eye, which many people who consume alcohol do have. However, it is not only alcohol that does this to the eyes. If a person has a lot of stress or drinks a lot of caffeine, it can also cause thee yes to jerk in this manner. Add this to the fact that this test is only 77-88% accurate, and you can see why many people are charged with DUI (driving under the influence) when they have not actually been driving while impaired. If you take a closer look at this, it means that only 23 out of 100 people would be able to pass the test. These are not very good odds. And as for the other two tests – they have even lower success percentages, meaning they are even harder to pass than the eye test.
Musca Law Firm
If you have been charged with a DUI, you need a lawyer that will fight for you and your rights. Musca Law Firm has been in practice for many years, successfully handling various DUI cases. Our attorneys have over 150 years of combined legal experience, which equips our team with the experience needed to fight effectively and strategically for your rights.
Attorneys at Musca Law Firm will listen to your side of the story. We will research the case and look for any evidence that could help your side. Our goal is to find a favorable outcome for all of our clients.
If possible, call us as soon as you have been pulled over for a DUI. We advise you not to answer any questions without having a lawyer present to assist you in this matter.
Please call us today at (888) 484-5057 to schedule your free initial case consultation with one of our highly-qualified attorneys.
RESULT: The Musca Law defense attorney argued diligently that after reviewing the video-taped field exercises, our client did not fail the test, and that in fact, he passed with “Flying Colors.” No Drivers License Suspension! No DUI Conviction!