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Make These Claims If You've Failed A Field Sobriety Test

by Ray Barnes

When a police officer pulls you over and detains you on the suspicion of driving while under the influence of drugs or alcohol, he or she will commonly either administer a Breathalyzer test or put you through a series of field sobriety tests. The former will measure your blood alcohol to indicate whether you're over the limit, which can be difficult for you if you're determined to prove your innocence. The results of field sobriety tests can be a little more subjective, and a good DUI attorney may be able to get your charges dismissed. Here are some claims that you can make to support your argument that you weren't intoxicated.

The Terrain Was Uneven

A field sobriety test should take place on even terrain, and most officers will look for a flat piece of pavement or sidewalk on which you put you through this test. Arguing that the terrain was uneven may be effective as a defense. For example, one of the things that you need to do in a field sobriety test is walk heel to toe for several paces. If you're sober, doing so is fairly easy on flat ground, but if the terrain slopes away from you to either side, this test can be a challenge.

The Weather Was A Factor

You may wish to use a defense of the weather being a factor in preventing you from passing the field sobriety test. For example, if it was excessively windy, and part of the test required you to stand on one foot with the other foot elevated, you may have frequently lost your balance because of the wind pushing against you. This defense can be handy, because your attorney can tie it into your case by suggesting that the reason you were stopped was because your vehicle swerved in the wind, not because you were inebriated.

An Injury Made It Difficult

It may alternatively be the case that some type of injury made it difficult for you to pass the field sobriety test. All sorts of physical ailments can pose challenges to tests such as walking heel to toe and standing on one foot at a time. For example, ankle and foot pain, knee injuries, and other similar issues can be difficult to overcome. If any of these factors were present during your field sobriety test and you feel they played a role in your DUI arrest, share them with your attorney, who can then build a case around them.

Contact professionals like DUI Lawyers of Las Vegas for more information.

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