DUI - Field Sobriety Test - Tulsa Trial Attorneys
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Time is of the Essence
First and foremost, call us right away at 918-884-7791. Depending on your circumstance and your charges, you may have a specific time to respond. Whenever there is an arrest, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. With a DUI there are four key issues that are effected by waiting;
IF YOU HAVE BEEN FALSELY ACCUSED OF DRINKING WE NEED TO HAVE YOU TAKE AN ETG TEST AS SOON AS POSSIBLE,
YOU ONLY HAVE 15 DAYS TO CHALLENGE THE SUSPENSION OF YOUR LICENSE,
EARLY SUBPOENAING OF DASH CAM VIDEO AND CHEMICAL BREATH TESTING SERVICE LOGS MAKES FOR A QUICKER RESOLUTION,
DEPENDING ON YOUR IMMIGRATION STATUS RECEIVING A REASONABLE BOND FROM THE STATE MAY MAKE ALL THE DIFFERENCE BETWEEN SITTING IN JAIL OR AT HOME AWAITING RESOLUTION OF YOUR CASE.
Field Sobriety Test (SFST)
What is a Standardized Field Sobriety Test? As I said at the beginning of the last article, do not drink and drive! With that said, once you have been stopped, the officer may ask you to step out of your vehicle and perform a Field Sobriety Test (SFST). Remember you can refuse to take the test! The SFST consists of three parts: Heel-Toe-Turn, Single Leg Balance and the Horizontal Gaze Nystagmus.
The Heel-Toe-Turn Test
During this test you are asked to walk 7/8 steps in a straight line placing your heel against the previous toe and you must keep your arms at your sides. At the end of the steps, you are supposed turn and walk back to your original position. Any wavering, loss of balance, or raising of your arms could constitute failure of this test. Obviously, any current or old injuries may impact your ability to perform this test; also, uneven roadway, gravel or your footwear can make it difficult to perform this test. When asked to perform this test 4 out of 10 sober individuals gave indications that may get them designated as intoxicated.
One Leg Balance Test
This test is exactly what it sounds like. You will be asked to balance on one foot while keeping your arms at your sides. Just like the last test your ability to pass this test will have a lot to do with how level the road is beneath your feet, gravel and also how close you are to stationary objects (it is very hard to balance in the dark with no buildings or trees to give you adequate depth perception.) In the end, 4 out 10 sober individuals will fail this test.
Horizontal Gaze Nystagmus
The final test is an eye movement test. The officer moves a pen right to left in front of your face and watches how smoothly and evenly your eyes move. We could spend three whole articles on how flawed this test is; instead, let me just say that without the other two tests officers were only right 40% of the time in determining sobriety.
What Should You Do?
It is this author’s opinion that the SFST is only reasonably accurate when all 3 tests are administered correctly by one officer. Because there is so much room for error, it just does not make sense to agree to take these tests. Just say No!
What if You Get Arrested for DUI or DWI?
You may be embarrassed and worried about how the drunk driving arrest will affect your life. You should be concerned about a your drivers license being suspended and about the criminal consequences, like probation, jail or fines.
No one ever intends to be arrested for drunk driving or driving under the influence of drugs. You are out for a night of fun and relaxation, and the next thing you know you are pulled over. How you handle the next minutes, hours and days can impact your freedom, your job, and your license. Get experienced representation immediately!
Why do I Need an Experienced DUI Attorney?
If you have been arrested for driving under the influence for the first time, you may not fully understand the need for experienced legal advice and representation of a Tulsa DUI Lawyer. Time is limited. It is vital that you take action against a conviction - even you first conviction is subject to harsh penalties. Additionally, court process is filled with legal technicalities. You need a highly trained and experienced attorney who has handled hundreds, if not thousands of DUI cases to insure that all stones are turned over .
After the arrest, you have only 15 days days to request a DPS Hearing (Department of Public Safety). Otherwise, you will automatically have a suspended license in addition to a conviction on your criminal record. Your best hope for avoiding these painful consequences is to hire an attorney with the experience to fight skillfully and aggressively in your defense. An experienced attorney can guide you through how to challenge and fight your case, but time is of the essence.
CALL OUR EXPERIENCE DUI ATTORNEYS AT 918-884-7791
What are the Issues you and Your Attorney Should be Discussing?
The first focus should be on whether you need to get a making sure you have requested a DPS hearing within. Next you need to discuss an EtG test if the stop was for alcohol or a blood test if the stop was for drugs. These need to be done as soon as possible. An experienced attorney will discuss with you whether the police officer had probable cause to stop your vehicle and then whether you gave them any indication of intoxication or impairment. Finally, you should discuss the request and results of a field sobriety test, breath tests, and blood tests.
How Can Your Attorney Fight for You?
Was it a legal constitutional stop?
Did the officer follow procedure in testing you?
Was the SFST done properly?
Was the breath test done properly?
Was the blood test done properly?
More Issues and Things to Know
Accidents and Serious Injury
Field Sobriety Tests (SFST)
Drugs vs. Alcohol
Effect on Driver’s License
Effect on CDL
Ignition Interlock Devices
Drug and alcohol Assessment
Prescription Drugs and DUI
Marijuana and DUI
DUI Frequently Asked Questions (FAQ)
DUI - Field Sobriety Test Litigation Expertise
These arguments are about statistics, chemistry, and biology. You need an attorney who not only knows the law, but also knows the science. Let Boeheim Freeman Law’s expertise and training in science go to work for you challenging the officer's use of an SFTS, DRE, or Breath and Blood Testing.