Virginia DUI Lawyer Explains the Testing Process
Drivers suspected of intoxication are often given a field sobriety test by law enforcement officers after being pulled over. The initial stop could be related to a minor traffic infraction, at an accident or at a roadside sobriety checkpoint. Such tests are a mixture of mental and physical tests that a driver is asked to perform. You are not required to submit to these tests, but you are required to submit to chemical testing. You can politely refuse the tests, although law enforcement could then demand a breath or blood best. These tests are used to verify whether there is probable cause to make an arrest for DUI or driving under the influence of drugs.
More rigorous tests will likely be required, including blood and breath tests should you be arrested in order to verify the level of alcohol or drugs in your body at the time of the arrest. If you were arrested and charged with DUI and submitted to one or more field sobriety tests, you will need a knowledgeable attorney to review the details of your case and build a powerful defense.
The experienced and skilled Virginia DUI lawyer at the Law Offices of Michael A. Pignone is aware of the potential issues related to field sobriety tests and can use this knowledge to your advantage. Contact the firm today to begin building a powerful defense!
Field Sobriety Tests in Fairfax, Fauquier & Prince William County
Some form of field sobriety testing is usually administered in cases in which a driver is suspected of DUI. The National Highway Safety Traffic Administration (NHSTA) created the majority of these tests, and trains law enforcement and others on the correct administration of the tests. Even when properly conducted, these tests are not highly accurate.
The most accurate is the Horizontal Gaze Nystagmus, which when absolutely properly administered has a 77% accuracy rate, according to the agency. If you fail to correctly complete the tests, cannot keep your balance, or perform too slowly or too fast law enforcement is very likely to assume that you are under the influence or alcohol or drugs.
Accused of Failing a Field Sobriety Test?
There are many, many reasons why a driver could appear to “fail” the field sobriety tests. One is a failure by law enforcement to correctly administer the tests. Other reasons include age, language problems (inability to fully understand commands), fear, anxiety, medical conditions, weather, and weight.
In fact, it can be extremely difficult for any person to stand on one leg easily. Nonetheless, these tests are used to establish more evidence of intoxication. They are of no benefit to YOUR case. It is advised that if you were subjected to field sobriety testing and were subsequently arrested, that you contact the firm at once for assistance.
Contact the Virginia DUI attorney who are experienced in DUI cases and will scrutinize testing done for in the field to determine sobriety.