Field sobriety tests have been around for quite some time now. In addition to breath alcohol testers, the field sobriety test has become standard practice for determining if a South Carolina driver is too inebriated to legally drive. After failing such a test, drivers are usually arrested and charged with DUI.
If you happened to fail your test, you probably remember the three parts of it well: the horizontal gaze nystagmus test, the walk-and-turn test and the one-legged stand test. Outside of the field sobriety test, you were probably also asked to blow into a Breathalyzer machine — a request that you may or may not have complied with.
Police will use the evidence collected in your field sobriety test, breathalyzer test, visual observations, recorded video and other evidence to try and convict you of a DUI charge. However, just because it seems like they have a lot of evidence in this regard does not necessarily mean that you will be convicted. It will all depend on the quality of that evidence.
For example, failing your field sobriety test will not always mean a conviction. Sometimes, for example, a police officer may not have administered your field sobriety test in accordance with the law. Failure to comply with the law would mean that your field sobriety test was either unfair or yielded inaccurate results and it might not be admitted as evidence against you in such cases.
At the Dennan Law firm, we have extensive experience representing South Carolina residents in their DUI cases. We have defended numerous individuals who thought there was no hope for them in their defense. In fact, there is always hope and there are always legal strategies that can be employed to try and limit the likelihood of and/or reduce the severity of conviction and punishment.
Source: Drennan Law Firm, “We Beat Failed Sobriety Tests,” accessed Jan. 03, 2016
