Challenging the Results of Unreliable Roadside Tests
If you have been pulled over for drunk driving, the police may have asked you to take the field sobriety tests: the one-leg stand, the walk-and-turn and the horizontal gaze nystagmus (HGN). These tests are notoriously unreliable, but they are still heavily used as evidence of DUI.
San Mateo DUI field sobriety test lawyer Charles B. Smith — a former police officer, former prosecutor and college instructor in DUI investigation — has helped many of our firm's clients avoid the consequences of drunk driving charges by challenging the results of these tests.
What Does the Test Prove? Was It Even Done Correctly?
Failing a field sobriety test does not prove that you were drunk. It only provides evidence that you were impaired. There are many things other than alcohol that can impair you, including physical and mental ailments and disabilities that do not affect your ability to drive a car safely.
If you have been arrested or charged with DUI based on the results of a field sobriety test, we will carefully investigate anything that may have caused you to fail the test.
To the extent that these tests prove anything at all, the results are only meaningful if the correct instructions were given. Mr. Smith has personally videotaped hundreds of people giving these tests and identified strong patterns of incorrect instructions and inaccurate notes.
Whether the prosecutor is trying to use the results of a field sobriety test to establish probable cause for your arrest or as direct evidence of DUI, we are prepared to fight those results.
Call a San Francisco DUI Investigation Attorney at 650-425-7703
If you have been charged with DUI after taking a field sobriety test, you should talk to a lawyer right away. To schedule a free consultation, call us at 650-425-7703 or e-mail us. We accept credit cards, are available outside of regular business hours, and regularly visit our clients who are in jail.
