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Can police error ever lead to failed sobriety testing?

Prior posts on this Wisconsin DUI defense blog have discussed the types of factors that can mirror signs of intoxication but that have nothing to do with a person's level of alcohol consumption. This week's post looks at a specific situation in which a law enforcement officer's error could lead to inaccurate results for a person's field sobriety tests. This unfortunate scenario can happen and can have dire legal consequences on the life of the affected driver.

What examinations are used in field sobriety tests?

Individuals who are stopped in Wisconsin on suspicion of drunk driving may find themselves confronted with the need to perform sobriety testing. Sobriety testing is used by authorities to determine if drunk driving suspects exhibit recognized markers of intoxication. It gives police probable cause to arrest individuals on drunk driving charges and gives justification to the charges. According to the National Highway Transportation Safety Administration there are three generally accepted forms of sobriety testing that individuals may experience during a traffic stop.

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