Reader’s Question:

I failed the field sobriety tests when I was arrested for DUI but I heard that there are other factors than alcohol that can cause poor performance in the tests. What are these factors and can I use them in my defense for my DUI case in Rio Rancho, New Mexico?

Carmela

Rio Rancho, NM

Indeed, there are factors other than alcohol that can cause poor performance on DUI field sobriety tests (FST’s) and you can definitely use them as your defense in your DUI case in Rio Rancho, New Mexico. So even if you failed the field sobriety tests, this may be caused by unfair test conditions. These conditions include the distraction of flashing lights and traffic whizzing by, cold temperatures, rain or wind, nervousness, anxiety and/or frustration, unsuitable footwear such as high heels, dress shoes or boots, the test area being too dark or amidst glaring lights and the tests occurring on slippery terrain or uneven surfaces.

Many people who are sober would still struggle with these tests under any of those conditions. So even if you had a lot of flaws on these roadside tests, it can be blamed to the circumstances and setting rather than to you being intoxicated. A lot of people had tried the standardized FST’s on a steady floor, in a comfortable setting, without any nervousness or anxiety, and yet, they are unable to do it perfectly well.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests