Strong Defense Against DUI And OWI Charges

While there are various tests for it, whether or not a driver is impaired is still essentially subjective. This is because being "impaired" is based on tests which rely on the interpretation of results by the arresting officer. Many things can negatively affect the results of roadside tests. This is why having experienced legal representation is crucial to a strong defense.

Errors In The Field Sobriety Test (FST)

Not all law enforcement officers have been given adequate instruction on how to administer this test. Many errors occur because an officer misperceives results or does not administer the test properly. Basically this test has three parts:

  1. The horizontal gaze nystagmus evaluation
  2. The one leg stand
  3. The nine-step walk and turn

Common Errors In The FST

Many things can affect FST results, including driver fatigue, emotional distress and otherwise benign physical conditions. For example, even ailments such as the common head cold or sinus congestion can alter a driver's balance and cause the driver to fail the FST. Three of the common errors that are made during the FST are:

  • If the officer does not measure correctly and performs the horizontal gaze nystagmus too close or too far, the results will be inaccurate.

  • Various types of shoes or physical ailments such as vertigo or muscle weakness can give a false positive to the one leg stand.
  • If the nine-step walk and turn is administered in the dark, on uneven ground or sloping pavement, this too can skew the results to a false positive.

The Police Are Not On Your Side

While we all appreciate having law enforcement that is committed and dedicated to keeping us safe, we must also remember that if we are pulled over on the suspicion of drunk or impaired driving, then that officer is actively seeking and collecting evidence to be used against us.

  • In fact, anything you to do in the time between your first encounter with the police officer and your DUI or drunk driving arrest, can be used as incriminatory evidence against you, and will most likely be used later at your trial.
  • It does not matter if you are using a medication as the doctor prescribed, this can still be used against you.

Other Questions To Ask

If you were pulled over and charged with any type of impaired driving, contact an experienced criminal defense lawyer immediately. Keep track of everything that happens and do not admit to anything or make statements other than to request an attorney. A strong defense may be most critical to your future driving privileges and record. Your attorney will investigate the incident to find out if the officer had the right to pull you over, whether there was probable cause for your arrest and whether or not you can refuse to give breath, blood or urine samples as well as other issues.

Call Today For Your Free Consultation

Work with seasoned Wisconsin professional to avoid jail and preserve your driving privileges. Contact Summit Law Office, LLC, in West Allis today. We can help you achieve the best possible outcome in your case. Call us to schedule a free initial consultation at 414-763-7266. You can also make your appointment online.