There are a series of tests, known as field sobriety tests, which law enforcement utilizes to determine if you are intoxicated. These tests are known to have flaws which can make them unreliable and inaccurate. At the Neighbors Law Office, as an accomplished Overland Park DUI attorney, my concentration is on DUI defense as opposed to general criminal matters. This has provided me with the experience and knowledge to review these tests, find any faults and use them to weaken the prosecution's case in DUI matters.
In the one leg stand test an individual is instructed to stand on one leg for a length of time with their arms at their sides. If, in the subjective view of a police officer, you did not grade well on this test, you could be arrested. There are many environmental and physical conditions which can lead to this test being hard for some individuals to perform.
The walk and turn is designed to test your balance while following the instructions of a police officer at the same time. In this test, drivers are commonly asked to walk heal-to-toe in a straight line. They are then instructed to make a 180 degree turn and walk back, in the same manner, to where they started from.
On both of these tests, many people would fail even if they had never taken a drink. Most of us never practice standing on one leg or walking heel-to-toe and for many it can be difficult. You could actually do very well on these tests but if the arresting officer feels you varied slightly from his or her instructions, you could still fail.
Your "failure" to pass a field sobriety test may have been the motivating factor in your arrest. Conviction on a DUI charge can quickly change your life for the worse.
The prosecution may try to ignore all of the valid reasons why these tests can be inaccurate. A hard-hitting lawyer, with many years of experience in DUI defense, strives to use these tests to obtain the best outcome possible in your case.