I Failed a Field Sobriety Test: What Now?
You are probably familiar with the field sobriety procedure after you’ve been stopped due to reckless driving or, in the state of Florida, reckless boating. If you cannot perform the functions necessary to pass a field sobriety test, you could potentially face serious charges, such as driving under the influence (DUI), boating under the influence (BUI) or even driving under the influence of drugs. If you fail your field sobriety test, you could be charged with a DUI – even if you are sober.
If you are facing charges of a DUI due to failing your field sobriety test, the first thing you should do is to remain calm and enlist highly qualified Miami DUI Defense Attorney Evan A. Hoffman. A highly qualified attorney can assist you if you have been accused of DUI. Contact us to learn more about how we can help you fight your charges.
There are a number of reasons that a person might fail to perform the functions required to pass a field sobriety test. These are considered “divided attention exercises,” which are intended to test a person’s ability to listen to and understand instructions, and then perform a predetermined task.
These tasks include being able to place your finger on your nose, stand on one leg, follow an object with your eyes (called the Horizontal Gaze Nystagmus, or HGN Test), or walk in a straight line and turn around. If the driver is not inebriated, he or she could fail due to a physical or mental disability, fatigue or emotional distress, or even weather conditions.
It may be possible to reduce or even dismiss a DUI charge if you were experiencing any of the above conditions, and they impaired your ability to take a field sobriety test at the time of your arrest. Believe it or not, there are even more factors that may have led to your failing the test. If an officer did not explain, demonstrate, or administer the test clearly or correctly, the likelihood of failing to pass increases exponentially. As a result, the scientific validity of these tests is highly fallible.
Whatever your circumstances, even if you believe that you will be unable to avoid conviction, an experienced defense attorney can help your situation. If you want to learn more from an experienced Miami DUI Defense Attorney, contact us for a FREE consultation with Defense Attorney Evan A. Hoffman.
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Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More
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