The Reality Of Field Sobriety Tests
Police officers often use field sobriety tests to prove a driver was drunk driving. In reality, field sobriety tests are inaccurate and can be affected by physical and mental health, age, weight, amount of sleep, presence of prescription drugs, and a variety of other factors. If you were arrested after failing one or more field sobriety tests, the criminal defense lawyers at Hark and Hark can help.
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Field sobriety tests, such as standing on one foot, touching your finger to your nose, walking in a straight line, and others are accurate only under near perfect conditions. A factor as simple as poor lighting can negatively impact a subject’s performance and result in an arrest that should never have happened.
At Hark and Hark, we know the laws regarding breath tests and field sobriety tests and know what factors can influence a false high blood alcohol content (BAC) confirmation. If you were arrested for drunk driving after failing a field sobriety test, we will review police reports, video, and testimony to ensure proper procedure was followed when conducting the test and to ensure your rights are protected throughout the criminal process.
Faulty Breathalyzer Exams
In New Jersey and Pennsylvania, you cannot legally drive if your BAC is .08 or higher. If you are stopped on suspicion of drunk driving, an officer may give you a breathalyzer exam to test your BAC. As DUI defense lawyers, our first goal is to ensure your breathalyzer exam was properly administered and did not give a false reading. We ask questions, such as:
- Did the officer or breath machine operator have the proper license?
- Did the officer use the breathalyzer correctly?
- Did the correct amount of time pass between the first breathalyzer exam and the second?
- Was the breathalyzer machine properly calibrated?
If a field sobriety test or breathalyzer exam was improperly administered, we will fight to suppress the evidence, which may lead to a dismissal of your case.
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