So you’ve been pulled over under suspicion of DUI and you passed
your field sobriety test. What a relief, you’re in the clear, right?
Not so fast. Just because you can successfully perform a field sobriety
test does not mean you are below the legal limit, and likewise you can
still be arrested and charged with DUI.
Let’s look at an example situation. Say you’ve had a couple
of beers with dinner and are on your way home from a nice evening out
when you see the flashing lights in your mirror. The officer who pulls
you over asks you to stare at a moving pen, then stand on one leg. Despite
you being able to perform these actions with little difficulty, the officer
asks you if you have been drinking. You truthfully inform him of the alcohol
you had with dinner, and the officer arrests you on suspicion of DUI. How come?
The truth of the matter is the standardized field sobriety tests, which
include the horizontal gaze nystagmus test, the “walk and turn”
test, and the “one leg stand” test, are notoriously unreliable.
These are entirely voluntary tests, but they are a tool police officers
can use to establish “probable cause” and place you under
arrest if they believe you are intoxicated while driving.
However, it’s more than possible for someone to pass all of the field
sobriety tests with flying colors and still be well beyond the legal blood
alcohol content limit, just like it’s more than possible for someone
to fail all of the field sobriety tests while being completely sober.
These tests do not determine intoxication, just act as a possible indicator
This means that even though you passed your field sobriety test with ease,
you could still be arrested if you smell of alcohol, or purely based on
your admission to the officer who pulled you over that you had consumed
alcohol previously. Once you are arrested for DUI, you are required by
law to submit to an official blood or breath test to determine whether
or not you are over the legal limit.
If you have been arrested for DUI, you should not hesitate to contact a
College Station DUI attorney as soon as possible. Attorney Shane Phelps of
The Law Office of Shane Phelps, P.C., has been a Board Certified Criminal Law Specialist since 1992, and takes
great pride in helping those accused of DUI fight back against their charges
and clear their name. We understand the intimidation and dread you may
be feeling after your arrest, and we strive to provide each of our clients
with the highest-quality client service and most dedicated and relentless
representation in court when you face the criminal justice system.
For 24/7 aggressive DUI defense, call The Law Office of Shane Phelps, P.C.
today at (979) 773-7028.