Field Sobriety Tests

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Even though thousands of people are killed as a result of it every year, people still get behind the wheel while impaired by alcohol or drugs. If an officer of the law suspects that a driver has taken drugs or alcohol, they can submit them to one of many voluntary field sobriety tests. There has been much debate over the years about the effectiveness of these tests. Many have argued that if field sobriety tests are not done according to strict protocol, then the results won’t be correct. Regardless, they are still used every day on our streets and highways when an officer suspects that someone is driving under the influence of drugs. There are a variety of different field sobriety tests and it varies by police force which ones are used more often.

However, there are only three that have been scientifically proven to give the officer just cause to arrest the person for impaired driving. These are the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand. If the person fails any of these tests that are administered by a police officer, then they can arrest them on suspicion of driving under the influence. The results of these tests can then be used by the prosecution during the trial. If there is a good prosecution lawyer, he or she will be able to prove that the person was intoxicated at the time and is fully responsible for the accident.

Field sobriety tests are often used in conjunction with breath analysis. Breath analysis is typically done through a machine called a breathalyzer. This will tell the arresting officer what the level of blood alcohol is in the person’s system. If the number is higher than 0.08, then they are considered above the legal limit to operate a motor vehicle. If this test is used along with field sobriety tests, this almost guarantees a conviction. The prosecution will be able to use the facts that the person had more than the legal limit of alcohol in his or her system and that they failed the standard field sobriety tests. This proves beyond a reasonable doubt that the person was intoxicated and should be held responsible for the accident.

If you or someone you know has been hit by a driver who was under the influence, then you need to consult a lawyer as soon as possible. You have rights when it comes to this type of situation and judges and juries are coming down more harshly on this type of criminal in recent years. There are law firms that specialize in prosecuting drunk drivers and they have earned a reputation of getting the most amount of money possible from offenders. If you have had to pay for car repairs or medical bills, a lawyer will be able to get that money back for you.

Many lawyers will take on these types of cases, but it is wise to hire a lawyer who deals exclusively with drunk driving cases. They will know all of the details of the laws and know the best ways to prove that the offender was intoxicated at the time of the accident. Every drunk driving case is different, but attorneys who specialize in this type of case will have seen more situations than the average lawyer.

If you were involved in an accident caused by a driver who was impaired by drugs or alcohol, contact a lawyer immediately to go over all of your legal options. They will be able to work with you to get compensation for the costs that you incurred from this accident.