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Field Sobriety Tests Archives

Failed sobriety tests lead to Wisconsin arrest

Most people in Wisconsin recognize the potential risks of driving under the influence. However, it may be easy to assume that a person who has made mistakes involving drunk driving in the past will repeat the same mistakes in the future, regardless of the changes they make in their lives. Unfortunately, one Wisconsin man was recently arrested after he allegedly failed sobriety tests.

Wisconsin police say woman failed field sobriety tests

Anyone who has been involved in an accident knows that they can have both a psychological and physical impact. Even drivers who are not injured can display symptoms of shock or stress in the aftermath that could affect their performance on field sobriety tests regardless of whether they were at fault. Unfortunately, police in Wisconsin and other areas of the country may assume that these symptoms are actually an indication that the person is under the influence of drugs or alcohol.

Challenging field sobriety tests in Wisconsin

The vast majority of police officers in Wisconsin are dedicated to their jobs. They want to ensure that the people they are sworn to protect are as safe as possible. However, the enthusiasm for their job can often lead to assumptions that could have serious consequences. For example, field sobriety tests can often lead to false accusations of drunk driving due to their subjective nature.

The one-leg stand field sobriety test

Just about everyone who has ever been pulled over by the police find themselves nervous. After all, the police wield a significant amount of power. Depending on their account of events of a traffic stop, an individual may wind up facing serious criminal charges, including drunk driving allegations. To support their claims, police offers often ask drivers to submit to field sobriety tests, and a refusal to submit to them may lead to license suspension or license revocation.

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.

How am I assessed under a horizontal gaze test?

Being pulled over by the police in Wisconsin can be stressful under any circumstances, but it can be even more frightening if you are accused of drunk driving. You might get nervous, act fidgety and inadvertently give an officer suspicion. Fortunately, being nervous around a police officer is not a crime. Yet, in an instance like this, you might be asked to submit to one or more of a number of field sobriety tests, the results of which could lead to drunk driving charges.

Subjectivity may cloud accuracy of field sobriety tests

The National Highway Traffic and Safety Administration has endorsed three tests for law enforcement officers to use in the event that they suspect individuals of drunk driving. Those three tests are the horizontal gaze nystagmus, walk and turn and the one-leg stand. Police officers in Wisconsin use these tests as well as others to judge whether drivers are intoxicated; though NHTSA research suggests that failure to perform on the three mentioned tests does generally indicate intoxication on the part of a driver, no test is infallible and each may subjectively affect or challenge some individuals more than others.

Three common field sobriety tests in Wisconsin

Some of our readers in Wisconsin may have heard news reports over the recent St. Patrick's Day holiday about increased law enforcement patrols focused on finding drunk drivers. These types of surges in patrols are common around many holidays, and our readers will likely hear more about them this summer as Independence Day approaches. In any given traffic stop where a law enforcement officer suspects a driver of operating under the influence of alcohol, one or more field sobriety tests may be administered. There are three particular tests that are highly utilized.

Sobriety testing can lead to false DUI allegations

Field sobriety tests can include many different examinations of a driver's coordination and physical capacity. The law firm of Melowski & Associates, through its DUI defense blog, has provided its readers with some information on those varied and complicated tests. However, to truly learn what sobriety testing results can do to or for a person facing drunk driving charges in the state of Wisconsin, individuals are invited to contact their attorney of choice to learn more about the legal services available to help protect their legal rights, freedom, and finances.

The totality of the circumstances in field sobriety tests

First thing in the morning, it may be difficult for a Sheboygan resident to stand on one leg, follow a light with his eyes, or recite the alphabet backwards. Though these feats are not terribly taxing on a person's physical or cognitive abilities, they may be extra challenging to successfully complete when an individual is transitioning from sleep to consciousness. After a few minutes of wakefulness and maybe a cup of coffee, his success at performing these common field sobriety tests may significantly improve.

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Melowski & Associates, LLC
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Sheboygan, WI 53081

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