The U.S. NHTSA has "standardized" the use of three roadside Field Sobriety Tests for use by DUI enforcement officers throughout the nation. Illinois Field Sobriety Test Attorneys know that officers conduct these tests by the side of the road after you have been pulled over on suspicion of DUI to help them determine whether you're impaired by alcohol.
The officers use these unscientific, subjective means to try and decide whether you have a Blood Alcohol Content (BAC) above the legal limit of 0.08%. Your Chicago DUI Defense Lawyer reminds you that the three NHTSA-standardized Field Sobriety Tests are:
Your Illinois Field Sobriety Test Attorney can detail the overall process of the usual Walk and Turn Test that requires that you:
A Chicago DUI Defense Lawyer will caution that should you break out of the proper heel-to-toe stance while the officer is giving you these instructions, the officer is supposed to stop giving instructions until you have resumed the proper stance. The officer will note on the Walk and Turn Test evaluation form when you have failed to properly perform an aspect of the test.
For instance, if you should forget to look down at your feet at all times as told or if you forget to count out your steps aloud as you make them, your performance will be marked down. Your Chicago DUI Defense Lawyer reminds you that part of the test evaluates whether you seem focused on the task or you seem to have a problem with divided attention that might indicate alcohol impairment.
The officer who administers the Walk and Turn Test will be looking for one or more of eight possible indicators of impairment. Illinois Field Sobriety Test Attorneys often learn these indicators of possible DUI impairment by heart. The eight indicators are:
Your Illinois Field Sobriety Test Attorney cautions you that the officer administering your Walk and Turn Test will take two or more indicators of impairment as evidence that you have a BAC level of more than 0.10%.
You need to contact a knowledgeable and aggressive Chicago DUI Defense Lawyer like Michael P. Schmiege who will fight for your rights. Michael Schmiege has the experience with the various forms of Field Sobriety Tests, the controversy that surrounds their validity, and the errors that plague their administration and evaluation. His successful experience challenging DUI charges could enable him to review the circumstances of your test and determine if errors or poor administration procedures give you a valid basis for challenging the results of the test.
For instance, the officer is told to administer the test on a hard, dry, non-slip and level surface and provide a given straight line to be walked. Your Chicago DUI Defense Lawyer emphasizes that these initial precautions are supposed to ensure that your missteps on the test result from alcohol impairment and not from inadequate testing conditions. In addition, the officer is supposed to allow anyone wearing heels two inches tall or higher to take their shoes off before beginning the test.
And just as with the One Leg Stand Test, the officer should know that research has revealed that people 65 and older, drivers more than 50 pounds overweight, and anyone with back, leg, or inner ear problems will tend to perform poorly on the Walk and Turn Test. In such cases, Illinois Field Sobriety Test Attorneys know that the officer should choose a more appropriate Field Sobriety Test or arrange for a chemical test.
If the officer failed to observe any of the above-mentioned precautions in administering your Walk and Turn Test, you might have a strong defense to your DUI Charge. Contact experienced Chicago DUI Defense Lawyer Michael P. Schmiege for a free case evaluation consultation that could help you understand your available defenses and alternatives in your DUI charge.
NOT GUILTY – Possession of a Controlled Substance w/ Intent to Deliver
Driving Under the Influence of Alcohol – NOT GUILTY
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