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Philadelphia DUI Lawyer

Field Sobriety Tests in Philadelphia

Mention DUI to nearly anyone and they will get the image of a police officer standing at the side of the road watching a suspect tap his nose, reciting the ABC's and trying to walk a straight line while other drivers slow down to watch the spectacle. This is a field sobriety test. In the first enacted DUI laws, it was up to the law enforcement officer to determine whether his suspect was driving while impaired. This depended on opinions and required individual interpretation from the investigating officer. The National Highway Traffic Safety Administration (NHTSA) has established a series of tests, the Standardized Field Sobriety Test (SFST), in an effort to help law enforcement be more objective regarding suspects:

  • Horizontal Gaze Nystagmus - Officer waves a pen or flashlight in front of the face of the suspect to test the reflexes and motion of the eyes
  • Walk and Turn - The suspect walks in a straight line, then pivots and turns while following the directions of the officer, testing the coordination of the suspect
  • One-Leg stand - The suspect is required to stand on one leg while counting for an interval (e.g. 30 seconds) with the officer watching for a loss of balance
  • It is important that you seek legal advice from a Philadelphia DUI attorney to make sure that you do not fall victim to a test that "proves" something you did not do. If you believe that your field sobriety test evidence against you is not valid , there may be a way to fight it and avoid heavy DUI penalties associated with a DUI conviction.

Legal Defense Against Field Sobriety Tests

The tests are usually good for general screening of drunk drivers, and in most cases detect someone who really should not be driving. However, they are neither precise nor conclusive and can lead to a false positive. None of these tests can determine your Blood Alcohol Content (BAC). Among other things, physical fitness, stress and even footwear can reduce the accuracy of any of these tests. They can lead to further investigation or arrest if the officer who administers the test is convinced there is proof of drunk driving. With the help of DUI defenses from the renowned DUI attorneys at The Benari Law Group you may be able to get the results of the test dismissed as evidence against you.

Contact a Philadelphia DUI attorney if you need help with DUI charges after subjected to a field sobriety test.