What Happens if I Fail a Field Sobriety Test in Delaware?

Delaware offers a wide variety of festivals and events throughout the year. Many of these events, such as Thirsty on Thursday, promote the consumption of alcohol. It is not unreasonable to assume local authorities are more “aware” of possible Delaware DUI violations when these events are taking place. It is also safe to assume that on occasion, local police will have sobriety checkpoints and/or make stops to conduct field sobriety tests.

You Do Not Have to Take Field Sobriety Tests

Failing a Delaware Field Sobriety TestDelaware is an implied consent state, but that has nothing to do with field sobriety tests. Many individuals confuse these tests with chemical tests, which you are required to take or face automatic fines and penalties, including a license suspension. If you do not want to take the field sobriety tests, don’t!

While we do not recommend being aggressive with the officer, you can politely inform him or her that you do not wish to take the field sobriety tests. Once informed, he or she may take it to the next level and bring you back to the station for chemical testing, but the results of the biased field tests will not be in evidence.

Why Are Field Sobriety Tests Biased?

You must realize these tests were designed for people to fail, whether they are sober or intoxicated. Take a look at the One Leg Stand Evaluation. You must stand on one foot and then raise the second foot off the ground six inches for a time period dictated by the officer. Attempt to do this exercise under controlled conditions and see how long you can stand there in that pose. Now imagine doing in on the side of the road with wet or windy conditions.

For reasons such as this, the individual being stopped, whether he or she is sober, often fails these tests. This is also the reason the results of these tests are often thrown out in court. If the person being stopped can prove adverse conditions or medical problems, such as vertigo, the tests may be invalidated.

Hiring a DUI Attorney in Delaware

While the results of these tests can be questioned during your court case, it will be difficult to refute them without the expertise of a licensed attorney. A good attorney will be able to identify the weaknesses in the prosecution’s case, including the results of these tests, and give you a much better chance of winning the case outright or being able to plead the case out to lesser charges. To have your case evaluated free and to find DUI attorneys in Delaware, please fill out the Free DUI Case Examination Form today.

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