Picking up from The Truth about Field Sobriety Tests for DUIs (Part 1), here are two additional myths about field sobriety tests, along with information about how the truth behind these myths can be used to help build those accused of DUIs the strongest possible defense in court.
- Myth 2: The results of sobriety tests are solid evidence against me – If you do poorly on field sobriety tests, keep in mind that the process of evaluating the results of these tests is highly subjective. In fact, while problems with your performance on field sobriety tests will have a negative impact on your overall “score” on these tests, when you do something properly or correctly, your score will not improve.This negative way of scoring SFSTs is inherently flawed and subjective – especially considering the fact that any number of other factors (like medical conditions, for example) can play a role in affecting drivers’ abilities to “pass” these tests.
- Myth 3: SFSTs can involve a number of different tests – Wrong! Technically, there are only three specific tests that are considered to be part of the catalog of standard field sobriety tests. These specifically include the:
- Horizontal gaze nystagmus test, which involves watching an object that officers move in front of your eyes as they try to evaluate whether your eyes are involuntarily twitching
- Walk-and-turn test, which involves walking in a straight line (heel-to-toe), turning and walking back as officers try to decide whether you are having difficulty walking and/or balancing
- One-leg balance test, which involves standing on one leg as cops try to decipher if you are having any problems balancing.
Any additional tests that officers administer are not part of the standard field sobriety tests that have been developed by the National Highway Traffic Safety Administration (NHTSA); as a result, the methods for evaluating any other tests may be even more subjective and can be shot down in court by a skilled DUI defense lawyer.
Denver DUI and Criminal Defense Lawyers
The authorities take allegations of drunk driving, particularly when the DUI has allegedly been committed by individuals who have a criminal record or when it involves victims, extremely seriously, and these charges – even if a person is ultimately acquitted of them – can have a devastating impact on a person’s personal and professional life. If you or a loved one has been accused of a DUI or of any felony or misdemeanor crime in Denver, you will need an experienced defense attorney who is dedicated to defending your rights.
At the Law Office of Andres R. Guevara, our skilled Denver DUI and criminal defense lawyers are committed to providing the accused with the best possible defense and to working tirelessly to helping them resolve their case as favorably as possible. As soon as you start working with our trusted criminal defense lawyers, we will begin investigating your case, interviewing witnesses and compiling evidence to support your defense. We will also work diligently to get the prosecution’s evidence against you thrown out of court and, whenever possible, to get the charges against you reduced or potentially even dismissed entirely.
To learn more about your legal rights and receive expert advice on how to proceed with your case, contact us at (720) 379-8262.