Omaha Field Sobriety Test Lawyer
Your Future Is On The Line
With the possibility of jail time, fines, the loss of your driving privileges and a ruined reputation, your future really is on the line if you are stopped on suspicion of DUI. When you are stopped on suspicion of driving under the influence (DUI) and asked to perform the standardized field sobriety tests, your performance is critical. Although the tests themselves have problems, the unfortunate fact is that a good deal of weight can be placed on these test results by the court.
At the law office of John K. Green, Attorney at Law, we can help defend you against DUI charges. Omaha field sobriety test attorney John K. Green has more than 30 years of experience as a Nebraska lawyer. We will walk you through every step of the legal process — including the DUI criminal trial and the license revocation administrative process — to help you get the best outcome possible.
Problems With The Field Sobriety Tests
The most common and accepted tests include the horizontal gaze nystagmus (moving a finger slowly back and forth in front of the eyes to watch for jerking eye motions), the one-legged stand (standing on one leg and counting, intended to test balance and the ability to follow directions) and the walk and turn (another test meant to test balance and the ability to follow directions).
The problem is that these tests are:
- Subjective: The testing methods, as well as the judgments about the results of the tests, are highly subjective and dependent on the individual officer’s interpretation on the scene.
- Difficult: Many people, due to physical ailments or simple limitations, cannot do some of these tests even if they are completely sober.
- Dependent upon conditions: In some cases, people are asked to do the walk-and-turn test on a steeply graded hill 10 feet from highway traffic. The results are going to be much different in these conditions compared with a more controlled environment. Another important conditional factor is fear. It is scary being pulled over by the police and tested for alcohol impairment. Many people find it extraordinarily difficult to perform these tests, simply because they are frightened.
We can look into every aspect of your case, including the field sobriety tests, to find mistakes made by the police or reasons why these tests should not be accepted as evidence in your case. We will fight to have your case dismissed or at least minimize the sentence you receive.
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