As you move toward trial or you are attempting to get your case dismissed, the Walnut Creek DUI law firmthat is representing you may be able to attack the field sobriety test's reliability in your case. This test must be given in an appropriate manner in order to be reliable.
Administration of the Test
Your Walnut Creek DUI law firm can explain that this test requires a suspect to walk on a line. The National Highway Traffic Safety Administration has established certain standards that should be used during this test.
Your Walnut Creek DUI lawyer may be able to raise a reasonable doubt about your “failure” of this test. He or she may ask some of the following questions:
- Did you first instruct the defendant to put his or her left foot on the line?
- Did you then instruct the defendant to place his or her right foot on the line?
- Did you instruct the defendant to place his or her arms to the side?
- Did you instruct the defendant to maintain that position?
- How long did the defendant have to maintain that position?The last question is particularly important because the defendant should not be required to stay in this position for longer than the instructions took. So if an officer wants to minimize the amount of time that he or she told the defendant to maintain the position, he or she is also saying that the instructions were given quickly.
For help with your DUI case, contact the Walnut Creek DUI law firm of Blackie Burak at 1-866-BLCKDUI.