Can you contest a DUI based on field sobriety tests?

| Aug 27, 2020 | DUI Questions |

Returning from a friend’s birthday party in Wauwatosa, you spot the flashing blue lights in your mirror and pull over. Half an hour later, you are left wondering how you have a charge for driving under the influence (DUI) if all you drank was one glass of alcohol-free wine.

You go home, muttering to your boyfriend about the stupidity of the situation. He tells you to forget it and not let it ruin a great evening. As well-meaning as his advice may be, you should not ignore your DUI. Many people have successfully overturned DUI charges based on failing a field sobriety test.

Here are three of the ways commonly used to contest a DUI based on a field sobriety test:

  • The test was not performed correctly: Police officers cannot invent field sobriety tests. They must use the standard ones and carry them out per the guidelines.
  • The test is not reliable: There has been much debate about how useful these tests are. Studies have demonstrated that much depends on the police officer involved. Different officers can interpret the same person’s test performance in wildly different manners. These tests are subjective, not scientific.
  • There were reasons for you falling the test: Some people can walk a straight line on a tightrope strung high between two buildings. Others cannot walk a straight line on the flat ground due to an innate lack of balance. Medical and psychological factors can play a role in your ability to perform these tests.

Do not take a Wauwatosa DUI charge lightly or think it is not worth contesting. Seek legal help to understand more about the various ways in which you could fight your DUI charge.