When an officer suspects you may be driving under the influence and pulls you over, you may be asked to take a field sobriety test or an "FST". This test is meant to assess your coordination, balance and concentration under the assumption that they will be compromised if you had been drinking. The standardized elements of the FST are walking and turning, standing on one leg and the Horizontal Gaze Nystagmus test (following an object with your eyes). There are a variety of reasons why even a sober person may seem impaired if given these tests. There are many physical conditions which cause serious balance and coordination problems and it is reasonable that anyone would have a hard time concentrating in such a stressful experience as being pulled over for drunk driving. The Breathalyzer test will be given at the time of arrest and will best your blood alcohol content or BAC. Refusing to take this test or the blood test alternative will result in automatic penalties if you are charged with a DUI so consider the consequences before you refuse. If you have refused and were arrested for a driving under the influence, consult an experienced DUI attorney immediately to discuss your defense options. If you refuse or are not given the Breathalyzer test in the field and are instead given it once you are detained, your BAC may have actually risen to higher than it was while you were actually driving. This is called the rising BAC defense and has been successfully used in court to drop cases.
Have you been arrested for driving under the influence and have questions about the tests you were asked to take? Contact Tulare area attorney Christopher Martens and his legal team. Experienced in DUI and drug related defense in Fresno, Tulare and Kings counties, our team will compassionately listen to your story and make sure you receive the best defense in your case. Call our office at 559-967-7386 or email us at MartensLaw@gmail.com for a free consultation.