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Challenging Field Sobriety Test Evidence

Were you arrested for driving under the influence in Orange County after failing the field sobriety tests? As you probably noticed, these roadside divided attention tests are not easy, and even sober people have difficulty passing them.

On the day of your arrest, maybe you were drinking, maybe you weren’t. If you set up a consultation at our firm, our DUI attorney will ask about your medical history, and they’ll want to know how you were feeling on the day of your arrest.

Were you on medication that day? Was there another substance in your system other than alcohol? Was it a prescribed medication, or had you taken a natural supplement, such as melatonin or valerian? Both of these over-the-counter supplements can be found at health food stores, major drug stores, Costco, and stores like Walmart and Target. As natural sleep aids, they can make you drowsy and affect your performance on roadside tests.

If you were on a prescribed medication, such as Ambien, Xanax, Vicodin, or Valium, any one of these may affect how well you performed on the field sobriety tests. These tests are anything but easy and because so many factors come to play, it’s worth finding out if the evidence obtained can be challenged in court.

Are Field Sobriety Tests Mandatory?

Guess what? The standardized field sobriety tests conducted roadside during a DUI stop are not mandatory. There is no legal obligation to take them and there is NO penalty for politely declining to take the tests.

In the future, if you’re ever asked to take the field sobriety tests, our advice is to respectfully say, “No thank you.” Why? Because, any field sobriety test evidence obtained on the officer’s dash cam or body cam will be used to: 1) gain probable cause to make a DUI arrest and, 2) nail you in court. So, nothing good comes out of taking these tests.

Note: If you fail to submit to a blood, breath or urine test, your driver license will be automatically suspended for one year – even if you had nothing to drink!

Related: Do I Have to Take the Field Sobriety Tests?

If you were arrested for an alcohol or drug-related DUI in Orange County, call the Law Offices of Virginia L. Landry, Inc. to set up a free case evaluation.