Field Sobriety Test Attorneys in Cleveland

As former prosecutors, we know how to exclude the government’s evidence against you. An officer is only allowed to testify that you were intoxicated if they perform the field sobriety tests in substantial compliance with the NHTSA’s guidelines.

This might sound like a fairly simple thing to do, but you would be surprised how many police officers fail to properly administer the field tests.

An example of a common mistake that police officers make is the horizontal nystagmus test or eye test. All officers conducting the test are required to hold the pen approximately 12-15 inches from your face, but often the police officers will hold it far too close.

Another example is the walk-and-turn test. This is where you have to take nine steps in each direction. The police officer will forget to ask you if you understand the instructions.

These simple errors by the police might not seem important but when you consider that the field tests are supposed to be scientific tests these errors add up quickly.

If you take the test, and you really should not, you are providing the police officers with evidence of your intoxication.

If you fail the test the police now have probable cause to arrest you for DUI, and if the test was administered properly they probably have enough evidence to convict you as well.

That’s why it is so important to hire a Cleveland field sobriety test lawyer to protect you from these charges.

We find that, often, friends give friends advice on a drinking and driving case. This can lead to fairly dangerous results in the courtroom.

One common scenario is a friend who says that it is okay to take the field sobriety tests but not the breath test. This advice may be good in most cases, but like anything else, it depends on the situation.

If you plan on refusing to take the breath test, you should plan on refusing to take any tests. If the police smell alcohol on your breath, they are probably going to arrest you anyway.

If you are not intoxicated or have only had a beer or two, you need to choose what you want to do with your case.

Call our Cleveland field sobriety test attorneys at (440) 771-1175 to offer you valuable defense from a DUI charge.

When you call our office for the first time regarding pending DUI charges, we always ask you to tell us:

• Why you were pulled over for DUI
• What you said to the officer when he was at your car
• How you think you did on the field sobriety tests
• The results of the breath test, if you took one

The majority of our clients feel they passed the tests, but the truth is that almost no one passes. Why? They are almost entirely subjective and can be easily manipulated by an officer asking inappropriate questions or inappropriately demonstrating the test.

For instance, the officer can imply that you should start the test NOW but then count it against you when you do not start the test in the way the “book” says you should.

Get experienced legal help! Contact our Cleveland field sobriety test lawyer today by calling (440) 771-1175.

If you’re contemplating this question, chances are you’ve been caught in the crosshairs of a DUI or OVI situation in Cleveland.

Knowing your rights and understanding field sobriety tests, DUI laws, and criminal defense can be overwhelming. It’s like navigating a maze where one wrong turn could lead you into a lifetime of repercussions.

Let’s say you’re pulled over in Cleveland for driving erratically. The officer asks you to perform field sobriety tests such as the walk a straight line, walk and turn, one-leg stand, and the horizontal gaze nystagmus test.

You’ve likely read or heard about the pitfalls and limitations of these tests. For instance, the horizontal gaze nystagmus test is prone to human error, and even if you think you’ve aced it, the officer’s subjective interpretation might say otherwise. An officer can mistakenly guess your intoxication level almost half the time with this test alone.

Now, let’s consider another layer of complexity—refusing the tests. On one hand, if you refuse, you’re likely to get arrested. On the other hand, if you participate and don’t do well, you’ve just handed over damning evidence to the prosecution. So, what do you do?

This is where a Cleveland defense attorney becomes indispensable. Our law firm offers a free consultation to assess your unique situation and develop a strategic approach for your defense.

Whether you took the breathalyzer test or were subjected to less reliable field sobriety tests like horizontal gaze nystagmus, a defense attorney can scrutinize the circumstances of your arrest and the test results.

The DUI lawyers in our law office will check if the sobriety tests were conducted in line with Ohio law and to see if the police officer made critical mistakes, like holding the pen too close during the nystagmus test or neglecting to clarify the walk-and-turn instructions.

When you’re dealing with something as serious as a DUI charge, even small errors in the common field sobriety test procedures can make a big difference in court.

The stakes are high in complex areas of drunk driving defense. You need legal representation. With the right attorney, you can challenge the integrity of the traffic stop and the field sobriety tests.

You can also explore other avenues for defense, such as questioning why you were pulled over in the first place or how the officer determined you were intoxicated.

Securing a Cleveland DUI defense attorney is crucial. You’re not just fighting a charge; you’re safeguarding your future.