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In defense of drivers who failed their field sobriety tests

It has been over 10 years since a standardized field sobriety test was created and promoted by the National Highway Traffic Safety Administration. The NHTSA field sobriety test consists of three different segments, which are intended to show police officers and courts whether or not an individual was inebriated.

The test includes the horizontal gaze nystagmus test, which involves the officer watching your eyes as you watch him or her perform different actions in front of you. The next segment is the walk-and-turn test and the final segment is the one-leg-stand test.

It is important to remember that failing a field sobriety test is not 100 percent proof that the driver is drunk. The South Carolina court system is well aware of this fact. For this reason, just because you failed a field sobriety test does not mean that you will ultimately be convicted of drunk driving. Drivers still might be able to successfully defend themselves against the charges.

At the Drennan Law Firm, we always ask our clients some important questions to determine what kind of DUI defense approach we should take in their cases. For example, did the police officer follow through with the legal requirement to videotape you while performing the field sobriety test? What did the officer do while administering the test and did he or she deviate from standard sobriety test protocol?

By taking a look at all the evidence relating to your case and your DUI arrest, our firm will develop a uniquely tailored defense strategy to meet your needs. Regardless how strong the evidence is against you in your case, we will protect your rights aggressively to try and reduce the possibility and severity of potential punishments in your case.

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