Building A Defense Against Field Sobriety Test Results
If you see blue lights in your rearview mirror and the officer suspects you of drinking, he or she may ask you to perform a field sobriety test. This is the test police officers commonly perform to determine if they have probable cause to give a Breathalyzer test.
To protect your driver’s license, call The Law Office of Massey McClusky Fuchs & Ballenger in Memphis as soon as possible. We offer a free initial consultation to explain the field sobriety test and discuss defenses.
Was The Field Sobriety Test Conducted Correctly?
The field sobriety test may consist of up to three tests: the walk and turn, the one-leg stand and the horizontal gaze. In Tennessee, the results of the horizontal gaze are not admissible in court. The results of the other two tests are valid only when properly performed. In many cases, they are not.
You do not have to take the field sobriety test. If you took the test and failed, however, you should not be discouraged. The video of your field sobriety test may give us evidence that is helpful in your case. Attorney Joseph McClusky at our firm completed a national field sobriety training test seminar. As a result, he understands how to challenge field sobriety test results.
As a member of your DUI defense team, Mr. McClusky will watch the video of your field sobriety test twice: first to judge your performance and then to judge the police officer.
Did the police officer give you proper instructions on how to perform the walk and turn? Many police officers make it impossible for drivers to pass the test by giving unclear instructions. How long did the police officer ask you to hold your leg up in the one-leg stand? It should be no longer than 30 seconds. These are examples of issues we will examine. If the officer made mistakes in either the instructions or performance of the tests, we can suppress the results.
Our lawyers will also investigate the reasons police stopped you in the first place. If the police did not have a legal reason to pull you over, all evidence gathered after the stop may be thrown out.
We Are Committed To Defending You
If you failed a field sobriety test in Memphis or elsewhere in Tennessee, schedule a free initial consultation with us today. We will immediately begin working to protect your future. Complete our contact form or call 901-910-1638.