Field sobriety tests are used by police officers to determine if someone is driving under the influence by testing the driver's coordination, balance, and cognitive abilities. Tests that can be administered by a police officer include the horizontal gaze nystagmus (HGN), the one-leg stand and the walk and turn, among other tests. A Portland DUI lawyer with a proven record of positive verdicts should be retained to assist you immediately. There are various factors that led to you failing one or all of these tests.
I am attorney Neal Weingart, and I have extensive knowledge and experience in DUI defense. I serve on the Legal Committee for the Oregon Criminal Defense Lawyers Association, I have won not-guilty verdicts, as well as awards for my work in criminal defense. As a trial lawyer, I know what is required to get a case dismissed, and how to craft a defense case that can win.
There are many factors that can affect the results of your field sobriety tests. You can have a medical condition, a physical disability, or you could have been tired, sick or just nervous when ordered to perform these tests. Weather conditions at the time such as wind, rain, or snow, or if it was too dark to see can also give a false impression of intoxication.
If the field sobriety tests were not administered correctly or if you were given poor or unclear instructions by the police officer, these results could be excluded from the evidence a jury will hear. These tests are highly subjective; even the most accurate, the horizontal gaze nystagmus, has been proven to be only 77% accurate by the National Highway Traffic Safety Administration, the agency that developed the tests and trains law enforcement in proper procedures.
Are you the victim of police failing to administer field sobriety tests correctly? The purpose of the tests is to gain enough evidence of intoxication that there is probable cause for an arrest. If the tests were improperly administered, there could be a basis to claim that there was no probable cause to arrest you, with all evidence subsequently collected deemed to be inadmissible. Get a highly skilled DUI defense lawyer on your side. Contact my firm and talk to us about what happened. We are on your side, and ready to fight for you.