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Inaccurate sobriety tests can lead to false arrests


A recent post on this blog discussed the different forms of field sobriety tests that a Wisconsin resident may face if he is stopped for suspected DUI. From balance testing to cognitive evaluations, police in the state have a battery of tests they can administer and self-evaluate when they believe a driver may be impaired. The subjectivity of the tests can sometimes lead to incorrect assessments by officers and can result in innocent people facing drunk driving charges.

Many officers fail to consider the totality of the circumstances surrounding a DUI stop. They may not take into account the type of road they made the stop on. This can be relevant when an officer asks a suspect to balance on unlevel or bumpy ground.

Additionally, some police may not find relevant the footwear that a suspect is wearing. While some people wear flat soled, level shoes, others choose to wear high heels that can be unstable on rough ground. A person may fail a walking sobriety test if she has to move in high heels on a gravely, unstable road.

Further, many people suffer from medical conditions that may impair their abilities to perform coordination-based tests but that may not be apparent to stopping officers. Despite their diagnosed medical conditions they may be arrested for drunk driving even if they have not had anything to drink. The subjectivity of sobriety tests and the failure of an officer to take all conditions into account can lead to erroneous DUI charges.

The mentioned situations are just a handful of the many factors that can influence the outcome of a DUI sobriety test. Inaccurate field sobriety tests are common and many people find it challenging to overcome the presumptions of intoxication officers put forth to support their tests' findings. Our firm understands the nuances of how field sobriety tests can be flawed and advocates for our clients' rights in all situations related to drunk driving.

Source: For more information the possibility of false arrest, visit our sobriety test page.

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Sheboygan, WI 53081

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