Attorneys May Be Able to Challenge Field Sobriety Tests

If you find yourself facing drunk driving charges in Wisconsin, then you are in for a fight. Prosecutors, who are often eager to put another conviction under their belt, will aggressively pursue the charges against you by putting forth damaging evidence and witness testimony. This can be overwhelming. You might find yourself wondering how you can push back against police officer testimony and what appears to be scientific evidence. There are defense strategies to attack these aspects of a prosecution's case, but you have to know how to do it properly and convincingly.

Last week on the blog we discussed the horizontal gaze nystagmus test. Field sobriety tests like these are often relied upon by prosecutors to secure a conviction. But the mere fact that a field sobriety test was conducted and an individual "failed" that test does not mean that it is a legitimate indication of a driver's intoxication. After all, the test itself is not 100 percent accurate, and a police officer conducting the test may administer it inappropriately. He or she may even falsely state that he or she saw indications of intoxications during a field sobriety test.

When negotiating or litigating your drunk driving case, you can make arguments that attack the reasons for an initial stop, the way a field sobriety test was conducted, as well as the accuracy of any breath tests. This may mean that you need witnesses of your own, perhaps even expert witnesses, and physical evidence that contradicts that presented by the prosecution.

At Melowski & Associates, we dedicate ourselves to finding ways to attack prosecutors' cases. For each case, we analyze the facts, apply the law and search out evidence and witnesses that support our clients' positions. Our attorneys then craft legal strategies that address contentious issues and are as persuasive as possible under the circumstances. In the end, we know how what our clients are up against, including the penalties they might face. With that in mind, we diligently work to give every case the attention it deserves.