The seriousness of a drunk driving charge can be appreciated when you look at the penalties imposed. Even first-time offenders can land in jail,along with having to pay hefty fines,deal with license suspension,and other things that the court deems just. In some cases,it can also ruin promising careers. It is possible to defend yourself if you feel that you were unfairly charged with DUI. Get a- as soon as you can to discuss the facts of the case and mount a credible defense in court. One potential strategy for defending against a drunk driving charge is by questioning the field sobriety tests performed.
The Walk and Turn Test
There are three tests validated by the US National Highway Traffic Safety Administration. Among these is the walk and turn test. The driver is asked to step outside the vehicle and walk in a straight line,turn,and come back to the starting point. The feet should move from heel to toe in a tandem gait. This is said to check a person’s ability to follow directions and juggle mental with physical tasks. In theory,all sober individuals should pass this with ease. In reality,any number of reasons could prevent successful completion. The NHTSA itself notes that this is only 68% accurate. Drivers could conceivably fail due to an inability to understand English,a rocky terrain,poor eyesight,and physical impairments.
The One-leg Stand Test
In this test,the driver will need to simply raise one leg and put all his weight on the other leg. It checks a person’s balance,which is usually compromised when alcohol is consumed in significant volumes. As per NHTSA studies,this is only 65% accurate. The rate may even be lower if you consider people who have physical challenges. For example,seniors tend to develop aches and pains around their joints. Those who have bad knees,hips,and ankles may not be able to balance themselves on one leg despite complete sobriety. Those who are overweight may also have difficulties with this test.
The Horizontal Gaze Nystagmus Test
This test will require the driver to follow an object with his eyes. Police officers will observe eye movement reaction. A sober person should be able to follow with no problems,whether the object goes from side to side or up and down. Drunk individuals will often exhibit involuntary eye movement. This condition is also called “dancing eyes”. However,nystagmus may also be genetic and present since childhood. Others acquire them later in life due to unknown causes. Sometimes this appears as a symptom of various diseases like brain tumors and multiple sclerosis. Medical records and expert witnesses may be presented in court by the defense.