Believe it or not, there are many people who were entirely sober, or at least sober enough, that they should have easily passed the test administered to them during a DWI stop in the state of Missouri. And yet, as the fates would have it, they somehow managed to fail that test, and are now facing a DWI conviction for a crime that they may not have even committed. A lot of people are wondering—can sobriety tests go wrong, and what happens when they do?
Fortunately, we’ve got all the answers that you need, summed up in four great examples of when you might be dealing with a faulty or misinterpreted test result as part of a DWI screening. Keep reading to learn more.
Field Sobriety Tests are Difficult Even for Sober People
While some field tests are good indicators as to which people are actually intoxicated, some tests don’t always give a good answer. The steps of some of these tests are difficult to follow, even for someone who is totally sober, just because there are so many steps involved. Your attention span is short and remembering a set of instructions on the spur of the moment can be a challenge. Plus, you’re under additional duress because of the police being there and being suspected of a DWI. There are so many things that could factor into a false positive, and it’s important to consider all of the elements of a case and not just the outcome of the case.
Cops Don’t Tell You What They’re Judging
When cops explain field sobriety tests, it can sometimes seem like they are trying to confuse you. This is usually because they are, to an extent. They want to test your mental capabilities. Unfortunately, sometimes this confusion is difficult even for a sober person. They will tell you what not to do, which will get even more confusing if you’re trying to pay attention to what you should be doing. You need to educate yourself about field sobriety tests and DWIs just so that you know what to expect if you are ever stopped.
Typically, cops are looking for things like delayed responses, poor coordination, and extended confusion or other things that might look out of sorts compared to a sober person. Of course, if you don’t have great balance, you might not look great at something like the walk-and-turn test or the one leg stand.
Sometimes the Tests are Wrong
Whether it’s chemical or visual, sometimes the tests are just wrong. Whether you are intoxicated or not, the test isn’t foolproof and can give a false positive. Ask criminal defense lawyers how many DWI cases they’ve handled that have included false positives and cases where a person was charged based on a test that was inaccurate or performed incorrectly. There are mistakes that happen and the way that officers test for sobriety isn’t a perfect science.
You Dont Have to Accept It
You don’t have to accept an officer’s finding of intoxication and can challenge the validity of the tests that were performed and fight back against your charges. With a qualified DWI lawyer, you can challenge the tests and even the traffic stop in the first place.
Just because you are charged with a DWI doesn’t mean that you have to plead guilty. You have a lot of options, including challenging the tests that you were given. This may or may not be the right course of action, though, so you’ll want to discuss your case with a qualified attorney first to make sure that you choose the right defense for the outcome to work in your favor.
The Bottom Line
Too many people are so intimidated by the cops and the legal process that they think they don’t have options when they are dealing with DWI tests and field sobriety testing. The fact is that you have options to consider. Make sure that you know what those are. I
Call us today at 314-380-3059 or contact us to discuss your DWI charges and see how we can help .