Field Sobriety Test Misconceptions
Getting pulled over for a DUI is scary. You know that the penalties are harsh and can follow you around for a long time. There are a couple field sobriety test misconceptions that you should be aware of as you start building your defense with a lawyer.
Field Sobriety Test Misconceptions | I Performed Well Therefore My Case Will Be Easy
This might be true occasionally. Performing the field sobriety tests is a challenge, even for sober people. However, performing them well when stopped could be a tremendous advantage. It might even help you get the case thrown out on a pretrial hearing, before you even have to go to trial. Performing well could be a huge advantage in your case.
The best way to analyze this performance is for your attorney to interview the potential client and achieve their own sense of how he said he did.
He will review the police report in comparison to the way a person performs. He will then gather the police videos, if they have videos from their police cars. It’s a multi-step process to reap the rewards of performing well. However, it could be a tremendous advantage.
Field Sobriety Test Misconceptions | I Won’t Be Convicted Because I Refused the Tests
It’s interesting that very few people actually take advantage of this concept of refusing to take the field sobriety tests. The reason might be some consciousness of guilt, and it might show some arrogance or belligerence on the part of the motorist, to some extent.
However, not doing the tests would certainly provide the officer with less evidence. But remember that the police officer is going to be observing the motorist at all times, regardless. The officer is going to make certain observations about that motorist, like bloodshot watery eyes, odor of alcohol, and whether or not he’s unsteady.
Therefore, the officer doesn’t need the field sobriety tests to make those conclusions. However, refusing to take a field sobriety test is probably a good idea. Both refusals probably put the prosecutor at some kind of a disadvantage.
If you couple both these things together, in New Jersey, it creates an interesting case because you’re facing a separate refusal, which makes it difficult for the state to prove that you’re under the influence in the first place.
Furthermore, it might become difficult for them to prove the refusal or to establish a refusal if they didn’t have a reason to put you on the machine in the first place. If they don’t have probable cause to ask you to take the tests, they will have difficulty sustaining a refusal charge.
If you would like to learn more about the field sobriety test misconceptions, please call our New Jersey DUI Lawyer today to get a free consultation.