Imagine attending one of the many spring or summer festivals in Connecticut and being pulled over simply because the officer thought you were drinking at the event. In some cases, the ground area where these festivals are held is less than ideal for standing, let alone walking a straight line or standing on one foot. So, what happens when the officer asks you to take a field sobriety test under these conditions and you fail?
You Can Refuse to Take Field Sobriety Tests
Many licensed drivers are under the wrong impression that you must perform field sobriety tests if the officer asks you to do them. Unfortunately, many sober drivers take these tests, fail them, and are then facing Connecticut DUI charges. The only tests you are actually required to take are the chemical tests, and these tests must be performed at the station with a qualified technician.
While you can refuse to take these tests, you want to make sure you do it properly. Do not be overly aggressive with the officer; just inform him or her that you are declining to take the tests. If the officer insists that you must take the field sobriety tests, let him or her know you are aware that by law, you do not have to take the tests.
What if I Failed the Field Sobriety Test?
If you have already taken the field sobriety test and failed, it is important to note the various conditions under which the tests were performed. For instance, what type of clothing were you wearing? What were the weather conditions as the time of the tests? What was the condition of the surface where you were tested (slippery, sloped, icy, etc…)?
All of this information should be noted and presented to your attorney. He or she will be able to evaluate the conditions of the testing to determine if the tests were conducted under fair conditions or not. In many cases, these tests can be refuted simply because they were conducted in conditions or a manner that promoted failure.
Contacting a DUI Attorney in Connecticut
A good Connecticut DUI attorney will be familiar with the field sobriety tests as well as how to fight and win a case based on these tests. If you passed the chemical tests, there is a very good chance that your attorney can have the charges dismissed as these tests are designed for everyone to fail, not just those that are intoxicated. For more information and to have your case details evaluated, please fill out short online DUI review form today.
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.