DWI prosecutions often include evidence such as witness testimony, chemical tests and field sobriety tests. Field sobriety tests were developed as a means of testing a drivers ability to operate a vehicle safely. Field sobriety tests do not determine a person's level of impairment, just if a person appears to have the physical ability to operate a vehicle safely.
Field sobriety tests allow a police officer to observe a person's balance, physical abilities, attention level, and other factors an officer may use to determine driver impairment. In some cases, an experienced DWI attorney may be able to have the results of field sobriety tests excluded as evidence against a person if the tests are not administered properly. An example of a field sobriety test administered incorrectly would be asking a person to perform balance tests on unstable ground or other adverse conditions.
Many states use checkpoints to catch drunk drivers. These checkpoints are often setup on weekends and holidays, especially New Year's Eve and three day weekends that include a holiday. In the vast majority of cases, the states have upheld these checkpoints as legal and are not unconstitutional.
To learn if your rights or the rights of a loved one were violated during a field sobriety test, contact St. Louis attorney Jason Fauss online or call 314-291-8899 to arrange a FREE initial consultation to discuss your case.
