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Field Sobriety Tests

Drivers who are suspected of operating their vehicles under the influence of drugs or alcohol are often asked to perform a variety of “field sobriety tests” by law enforcement officials.  These tests are strictly voluntary, as some people do not know, and were created to help police determine whether or not a person is under the influence of alcohol or drugs.  The accuracy of field sobriety tests has been a hotly contested issue for many years although there are certain types of tests that are considered to be highly accurate in determining a person’s sobriety. As these tests are being performed it is up to the officer to evaluate the test subject’s performance and take any necessary actions if the person is suspected to have consumed drugs or alcohol before driving. 

When a driver performs poorly during a field sobriety test, it may give the officer probable cause to make an arrest and may be used against the person at court as evidence of DUI.  For these reasons, it is highly suggested that you never agree to perform a field sobriety test.  These tests are strictly voluntary, and you are not legally required to take this kind of test.  In cases where a person has taken a test, a Dupage County DUI defense attorney will challenge the reliability of this evidence.  Certain field sobriety tests are designed to fail and even a sober person can have trouble performing these tests so it is essential that your lawyer know how to aggressively fight to show the inaccurate nature of the test you were given so that it cannot be used as evidence to convict you. 

If you have questions or concerns regarding a field sobriety test, you should contact a Dupage County DUI Defense Lawyer at Fagan, Fagan & Davis!

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