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How a DUI Defense Attorney Will Explain Failure of Field Sobriety Tests

Posted by Blackie Burak | Mar 25, 2019 | 0 Comments

A strategy your Walnut Creek DUI attorney might employ in your case is to call the results of the field sobriety tests into question based on a myriad of factors.

There Might Be Legitimate Reasons for a Bad Performance on the Tests

Not everyone is able to complete the field sobriety tests adequately to avoid appearing intoxicated. There could be various factors such as poor coordination, being fatigued or stressed that lead to poor performance. In preparing your defense, your Walnut Creek DUI lawyer might point out numerous reasons other than intoxication for a poor result on the horizontal gaze nystagmus test.

The Officer Might Have Given Difficult Instructions in a Narrow Time Frame

In many cases, the officer will only demonstrate how the tests should be conducted one time and for between fifteen or fewer seconds. A person is expected to remember all the instructions and then perform. When giving the closing statement, it could be pointed out how you were still able to complete the field sobriety tests reasonably well in spite of the short time the officer spent giving instructions. Turning the tables, it could also be pointed out how hard it was for the jury to remember the instructions.

Speak to a Qualified Walnut Creek DUI Attorney

If you have questions about possible reasons a defense attorney can give for failed field sobriety tests, contact BlackieBurak at 1-866-BLCKDUI or (925) 933-4500 today.

About the Author

Blackie Burak

Attorney Blackie Burak has nearly 40 years of successful criminal defense experience. He effectively uses this experience to mount an aggressive defense against even the most complex DUI / DWI charges. His keen focus on this area is based on his cutting-edge knowledge, skills and courtroom techni...


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If you have been arrested for DUI in northern or central California, please contact the Walnut Creek law office online or call toll free at 1-866-BLCKDUI for a free consultation. Contact Now