One thing a lot of DUI defendants say is that they were asked to take a field sobriety test that wasn’t fair. For the most part, the police officers in Georgia administer the test correctly. Sadly, there are some that either don’t administer it fairly or ask drivers to perform ridiculous tasks as part of the test. If something like this happens to you, then it’s a good idea to call an Athens DUI defense lawyer right away.
The police have a lot of leeway when it comes to stopping vehicles for suspected drinking and driving. As long as they have some arguable reason for stopping your vehicle, the judge will consider it a lawful stop. However, when it comes to the field sobriety test (FST), the rules are a bit stricter. Nobody should be subjected to a FST that is unfair or unreasonable. If this takes place, your Athens DUI defense lawyer may be able to get the results of the test thrown out in court. The only way to know for sure is to meet with an attorney and get their thoughts.
There are Certain Personal Factors that Can Impact Your Performance on an FST
Every driver is a little bit different. Some people have medical conditions that make it difficult to complete the field sobriety test. Others are on medications that make it harder to perform the tasks included in the test. Then there are times when, no matter who you are, it would’ve been hard to perform well. For example, if you’re pulled over during a terrible storm, it may be hard to perform the test. With the rain pounding down and the ground being wet, anybody would have difficulty with the test.
Your Athens DUI defense lawyer understands this. That’s why they take the time to meet with their clients early in the process. They’re going to need ample time to review the video of your performing the field sobriety test. They may also want to read the officer’s police report. This will give them an idea of whether or not the police had reasonable suspicion to pull you over. It will also give them a chance to review the field sobriety test and see if it was administered fairly.
Your Athens DUI Defense Lawyer Can Argue that the Results Be Thrown Out in Court
If the FST is not administered properly, your Athens DUI defense lawyer will reach out to the prosecutor. They’ll try to convince the prosecutor to reduce or dismiss the charges filed against you. There’s never a guarantee they’ll agree to this. They may be willing to take their chances in court. If the judge feels the test was fair, the evidence will be allowed to be used at trial. However, if the judge agrees with your attorney, that the test was not fair, there’s a good chance the charges will have to be dropped.
Reach Out to a Seasoned Athens DUI Defense Lawyer
If you or your spouse has been arrested and charged with DUI, it’s a good idea to talk to a seasoned Athens DUI defense lawyer. Your attorney is going to review the tapes to see how the field sobriety test was administered. They’re also going to look at the police report. Depending on the officer’s description of how you performed on the FST, they may be able to poke holes in the prosecutor’s case. This way, you may have a chance of having the charges reduced or dismissed entirely.
In order to know if you have a valid defense to your DUI charges, you need to talk to an experienced Athens DUI defense lawyer. Let them talk to the prosecutor and see if they can get the charges knocked down. If your FST was not administered properly, your attorney can raise this point in court. If there was an egregious error in the FST, it should be evident on the police officer’s camera.
Call and talk to an Athens DUI defense lawyer. Make sure you do this within hours of your arrest. This way, you don’t have to waste time getting your defense prepared. The prosecutor is going to take your case more seriously if you have an attorney. This gives you the best opportunity to negotiate a good plea with the State. Call and talk to one of our experienced Athens DUI defense lawyer right away.