Police responded to a citizen complaint of a person driving their vehicle erratically and at one point stopping to get out and vomit. After locating the vehicle, officers made contact with our client and found her totally naked. When asked to perform roadside sobriety tests, she performed poorly. Throughout the course of the officers’ investigation and subsequent arrest, she gave incoherent responses to questions and made very incriminating statements. Breath test results also showed very high results of .239% and .232%.
Field Sobriety Testing
Field sobriety testing is done to determine if an individual is under the influence of alcohol. There are usually 3 tests that are performed, however, some offices may decide to add extra ones into the mix.
These tests were designed to make people fail. Let’s take a look at the Walk and Turn Test. First, an officer will have you stand in a position that is not the most comfortable. Next, they will rapidly read off the instructions for this test:
- Walk the line, heel to toe, for 9 steps,
- Turn in a specific manner,
- Keep your arms at your sides,
- Look at your feet,
- Count out loud,
- Don’t stop walking,
- Count in the proper order,
- Keep your feet on the line, and
- Return after 9 heel-to-toe steps to the starting point.
If you are not able to keep your balance before you even start the test, officers are taught that it is a sign of being under the influence. If you make a mistake during a test, officers often misunderstand this as a sign that you are impaired. What’s more is that some officers feel the need to say things that you are not supposed to do as well during the tests, which makes it even harder to remember what to do.
To top it off, you are likely nervous about getting a DUI even if you have not been drinking, which can make it difficult to process and retain the instructions. You may be tired or have a medical condition that makes it look like you are under the influence. Even little things like an uneven pavement can mess up a field sobriety test.
Musca Law Firm
If you have been charged with DUI, reckless driving, or any other charges, a criminal defense attorney can help you in court. Musca Law Firm has over 150 years of collective experience among all its attorneys. They have handled many cases and consistently develop strong and strategic legal defenses to help expose weaknesses in the prosecution’s case.
If you have a charge against you, please do not wait to call us. Call us today at (888) 484-5057 to schedule a free initial case consultation for all new clients. We look forward to taking on your case!
RESULT: Despite strong evidence of impairment, high breath test results, abnormal behavior, and incriminating statements, Musca Law attorneys were able to convince the hearing officer at the formal administrative review to grant our motions, resulting in LIFTING OF THE SUSPENSION and FULL REINSTATEMENT OF DRIVER’S LICENSE!