Common Field Sobriety Tests That People Have Difficulty With
Interviewer: What would you say are the most common tests that people find it most difficult to perform?
Zach Peagler: I think the one leg stand in general is probably the most difficult. That’s a test that would be difficult to perform in the middle of the day after you have just eaten lunch. (So, you never want to say I couldn’t even do that when I’m sober, that’s something they are looking for you to say.) Even someone who had two glasses of wine at dinner and then all of a sudden they find themselves in front of blue lights, on the side of the highway in an embarrassing, nervous situation, trying to balance on one leg, it’s not something that they thought they were going to be doing when they left the house that night.
The One Leg Stand Test is Commonly the Most Difficult to Perform
So, that test, to me, seems to be probably the most difficult to perform. Although we find a ton of errors in the walk and turn test because that’s one that’s supposed to be so specifically demonstrated and administered in specific ways that if not told to the person properly, then they are set for failure from the beginning. So they may appear to be performing poorly on a test, if they don’t even understand how to take. So that one probably has the most errors on the polices’ part but the one leg stand has the most difficulty for people to perform in my experience.
Typical Client Concerns When Retaining an Attorney for DUI Defense
Interviewer: What do clients typically think about when they talk to you about their performance? Do they think they’ve done well or?
Zach Peagler: It’s probably 50-50. I mean a lot of people come in and say, a surprising number of people tell us that the police told them they did well on the test but the police don’t usually end up saying that in court obviously so I don’t know what the deal is with that exactly but we get other people that will come in and say I couldn’t do the test and sometimes it’s because they may say they have knee problems or they were wearing high heeled shoes but it’s probably 50-50 on what people think they did well or not.
Clients Should Inform their Attorney of Any Medical Conditions that May affect Performance on the FSTs
Interviewer: Are there any medical conditions that someone should inform their attorney about that could help their case?
Zach Peagler: Yes, knee or foot surgery. Inner ear problems, that can cause dizziness. Any of those type of medical diagnosis that would make a person have problems with balance. Vertigo is what I was trying to think of or just knee, or foot or leg surgery that caused problems of strength in your legs or something of that nature.
Interviewer: What if someone is over weight? Could that help their case?
Zach Peagler: An argument could be made for that. You would have to look at that on a case by case basis.
Field Sobriety Tests are Administered to Senior Citizens in Alabama
Interviewer: Are these tests also administered to senior citizens?
Zach Peagler: Yes.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990