One of the most famous parts of a DUI investigation is the Field Sobriety Tests. Is it even possible to pass field sobriety exercises? Will an officer still arrest you if you pass the Field Sobriety Tests? DUI Lawyer Manny Serra of the Rossen Law Firm answers.
Chapters:
0:10 - Why do officers make you do field sobriety tests?
1:00 - At what point does an officer arrest you for DUI?
1:44 - Can you still be arrested if you pass the Field Sobriety Tests?
2:28 - How to beat a DUI charge in court
At what point does an officer decide if he or she will arrest you for the crime of DUI? This is a central question in the world of DUI defense. An officer asks you to perform field sobriety exercises to assist in his or her investigation to determine if you are DUI. But if you do not participate in these voluntary field sobriety tests, is there still enough evidence to arrest you?
It is true, an officer cannot make you perform field sobriety exercises. They are completely voluntary. In fact, an officer needs to have enough reasonable suspicion before even pulling you over and commencing a DUI investigation.
From a legal perspective, officers ask you to complete Field Sobriety Exercises in order to determine if there is probable cause to arrest you for DUI. That is why it is not really heard of to "pass" Field Sobriety Tests. Officers are looking at the tests for signs of impairment, not signs of innocence.
A DUI Lawyer can, however, show the courts that the officer did not have enough probable cause to arrest someone for DUI based on the individual's performance of field sobriety tests. This argument can severely weaken the prosecution's case and help you beat your DUI.
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-Learn More About Attorney Manny Serra:
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-Learn What to Do if Arrested for DUI:
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-Learn About the FLPD DUI Task Force:
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