Field sobriety tests are tests given to you by the officer to test your agility, coordination, memory, and concentration, and other factors affected by intoxication.
If you pass these field sobriety tests, you may be able to show that your drinking did not affect your driving to the degree the officer may believe. Of course, an average performance on the test will allow the police to claim you may be drunk. However, there are many imperfections with these tests that allow you and your attorney to successfully discredit both the tests themselves, as well as your performance on these tests.
Nervousness and anxiety can affect your test results
The officer should take into account your overall nervousness when determining your overall performance on this sobriety test. It is difficult to listen to instructions while pondering the consequences of your potential DUI arrest. Even stone sober people trying to properly follow police instructions may be confused by interfering thoughts of job loss, family embarrassment, and a million other things that can cross your mind. Asking the officer to repeat instructions may be viewed by the officer as an inability to follow instructions based upon your intoxication.
Your DUI lawyer should try to evaluate your performance by keeping in mind the tense situation you were in, and the difficulties involved in trying to do several things at once while you stand alone with an officer hovering nearby. Scour the police report for any indication that the officer took your emotional state into account when evaluating your performance.
If your lawyer cannot determine that the officer cared about your overall mental condition when performing the field sobriety test, your drinking may have had very little to do with how well or how poorly you performed. Make sure your lawyer leaves nothing to chance when researching the legal as well as non-legal aspects of your case.
If you have been charged with drunk driving, you need an attorney with the right knowledge! Don’t feel bad for what happened, discover what you can do about it.