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Can I get my field sobriety test thrown out as evidence?

On Behalf of | Jun 15, 2018 | DUI

Imagine you got pulled over by a police officer while driving home from work late on a Friday evening. Although you haven’t had anything to drink, the officer asks you to get out of the car and blow in his Breathalyzer device. You pass the breath test with flying colors, but the officer still wants you to perform a field sobriety test.

At first, you weren’t worried because you know you were sober, but it was late, you were tired after a long day of work, and the field sobriety test was a lot harder than you thought it would be. The next thing you know, the officer is putting the cuffs on you and reciting your Miranda rights. The officer says you’re being arrested for driving under the influence.

Don’t worry: You’ll have the right to defend yourself against the charges

An inappropriate drunk driving arrest can be devastating for many Florida residents, especially if they work for the government or have to drive or fly for a living. A DUI conviction could cause the loss of one’s professional licenses, the loss of one’s job — and it could also cause serious problems in one’s relationships and friendships.

Fortunately, those who have been inappropriately accused of drunk driving will have the right to fight the allegations in court. The question is, if you were arrested based on a failed field sobriety test alone, is that enough to bring about a conviction?

When will a field sobriety test get thrown out as evidence?

A field sobriety test is enough to result in a conviction in some cases, but defendants may have tools at their disposal to get their field sobriety test results rendered inadmissible as evidence. For example, if the officer doesn’t follow the right protocol when administering the test, it could mean that the results are invalid.

In addition, field sobriety tests need to be videotaped. After expert examination of your tapes, it might become clear that the officer’s judgment of your field sobriety test performance was flawed.

Accused of a Florida DUI inappropriately?

If you were accused of DUI inappropriately in Florida, don’t take the allegations on the chin. You may be able to successfully navigate your criminal proceedings to have your charges dropped or dismissed, or to achieve a verdict of not guilty. Every case is different, but many defendants have achieved this kind of success in their cases.

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