Have you ever noticed an increased police presence around the holiday’s or during special events in certain cities, such as the Riverfest in Little Rock? During these times, DUI checkpoints are very common. At these stops, you will sometimes see the officers conducting field sobriety tests. It may surprise you, but driver’s that are sober are just as likely to fail these tests are ones that are intoxicated.
Being Sober and Failing a Field Sobriety Test
The title alone would lead you to believe that as long as you are not under the influence, you should have no problem passing a field sobriety test. Unfortunately, for many sober drivers, this is not exactly true. You see, just about anyone can fail one of these tests because they are actually created with failure in mind. Police offers may say otherwise, but these tests are hard to pass even if you have not had so much as a single sip of alcohol.
So, why are these tests so hard to pass? Here are a few reasons:
- Certain medical conditions can affect how you do in the test
- Your clothing, such as slippery shoes, can affect the outcome
- Weather conditions may be adverse and affect the testing
- The actual location of the test itself may be an “unfair” setting, such as an uphill or downhill road
You Do Not Have to Take the Tests
While the law mandates that you must take chemical tests once you have been arrested, you do not have to take field sobriety tests if requested by the officer. Once informed that you do not want to take them, the officer cannot force you to do so. If he or she does force you, inform your attorney so he or she can address this during the trial.
Of course, there is the “perception” that you refused to take the tests because you thought you were intoxicated and did not think you would pass. This is something your attorney can deal with when the case goes in front of the judge. He or she can argue some of the points listed above as your reasoning for not wanting to take the tests.
Hiring a Arkansas DUI Attorney
If you want to fight DUI charges in Arkansas, your best chance of winning the case will be with a local, skilled DUI attorney. He or she can evaluate the case and create a strategy maximizing your chances of walking out of court with the charges dismissed or possibly pleading out to lesser charges to avoid the DUI. For more information about how to find a local DUI attorney and to get a free case evaluation, fill out the Free Arrest Evaluation Form Now.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.