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  5. Your Rights During a Field Sobriety Test

Your Rights During a Field Sobriety Test

On Behalf of Meadows Law Firm | Mar 28, 2016 | DUI / OVI

Did an officer stop or pull you over because he or she suspected you were driving drunk? At The Meadows Law Firm, we know that facing the police one-on-one is a frightening situation. You are not sure what will happen next, what the police will say or do, or what will be asked of you.

Usually, the officer will ask you to perform either a field sobriety test or request a breath sample with a Breathalyzer test. Field sobriety tests are tricky; these can land you in hot water because they are designed to be particularly difficult.

These are the types of field sobriety tests:

  • Walk and turn: The driver will be asked to walk in a straight line, heel to toe. He or she will nine steps forward, turn around, and walk the same nine steps to the starting position.
  • Stand on one leg: The driver will be asked to raise one leg and hold it about six inches above the ground. They might also be asked to count for a few seconds. The officer will observe whether or not the driver can maintain balance or will start to sway.
  • Horizontal gaze nystagmus: The officer will hold out a pen and ask the driver to follow the pen as it travels, only with a gaze.

There is much room for error in these cases. Although they were developed with scientific research behind the body’s reaction to intoxication, this evidence may not be the only detail behind a drunk driving case.

The Case Against Field Sobriety Tests

Field sobriety tests are optional. You are not legally required to take them. However, if you are arrested for DUI/OVI, you should focus first and foremost on your defense. You have the right to talk to a West Chester DUI attorney for legal counsel and to protect yourself from here on moving forward. The Meadows Law Firm is well-versed at representing those who may find themselves in a sticky situation and need to climb their way out of it.

We are here to help you! Have you been arrested? Schedule your free, confidential case evaluation with us right away.

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