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Why You Can't Pass Field Sobriety Tests

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If you got arrested for a DUI you may have performed the field sobriety exercises administered by the police. You know, walk the line, touch your nose, stand on one foot...those things.
And if you got arrested after completing those exercises, it probably means that you failed them.
Don't feel bad about that. No matter how much you had or didn't have to drink, the chances of you passing those tests are slim to none. That's because they were not designed so that you could pass them. You are meant to fail them.
These tests are hardly standardized. These tests can't draw a distinction between intoxication, naturally poor coordination, or simple anxiety about standing on one foot in the middle of the street with three cops barking orders at you.
You may lack coordination or balance due to a knee injury.
You may have a natural nystagmus which could cause your eyes to twitch, thereby causing you to fail the HGN (Horizontal Gaze Nystagmus) Test (following the pen with your eyes test).
Nerves can cause you to fail. The presence of police is always enough to make people anxious.
The bottom line is that these tests were designed by police without consideration for how one's performance on these tests may indicate one's level of impairment. Or how somebody can safely operate a car for that matter.
You may refuse field sobriety exercises, but chances are that if you do, you will be arrested anyway. Out of fear, many people simply submit to the tests. It is rare for the police to let somebody go after seeing them perform the tests. More than likely, the cops have already made up their minds about arresting you the moment they pulled you over.
I am a Miami-Dade County criminal defense attorney who practices DUI defense in Miami-Dade and Broward.
Call me to discuss your case.