DUI Evidence and Field Sobriety Tests – DWI Defense Attorney Fred Fisher - Southampton, New York

One of the most effective ways to build a successful DUI defense is to show that the evidence collected against the defendant is not valid. DWI/DUI defense attorney Fred Fisher, based in Southampton, New York, is knowledgeable of all laws and procedures regarding field sobriety tests and DWI evidence. He has helped protect the rights of many defendants by proving that their arresting officer collected evidence or administered the field sobriety test improperly.

 

Requirements for Field Sobriety Tests to Be Valid

In order for field sobriety tests to count as evidence against the defendant, they must meet certain conditions. The police officer must have had a valid reason to pull the defendant over in the first place. The officer must have reason to believe that the defendant was breaking a traffic law or was engaged in criminal activity. In addition, once the defendant is pulled over, the officer may administer field sobriety tests but needs probable cause to arrest the defendant for driving under the influence.

Before field sobriety tests are administered, the police officer must alert the defendant that he or she has the right to refuse to be tested. In the case that an arrest is made, the officer must read the defendant his or her Miranda rights before any interrogation occurs. If the police officer fails to follow any of these procedures, then the evidence collected may not be valid, and the defendant may be able to avoid fines, jail time, and having his or her license suspended. DWI/DUI defense attorney Fred Fisher is skilled in pursuing these cases to the most favorable outcome possible.

 

Probabilities That Field Sobriety Tests Are Inaccurate

Even if field sobriety tests are administered properly, there is still a possibility that their results may not be accurate. The three most common standardized field tests, according to the National Highway Safety Administration, are the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test. None of these tests are close to being 100 percent accurate. For example, if a defendant fails the horizontal gaze nystagmus test, there is still a 23 percent chance that the defendant does not have a BAC level of at least .10 of 1 percent. The chances that the defendant is innocent despite failing the walk and turn test (32 percent) and one-leg stand test (35 percent) are even higher.

DWI Defense Attorney Fred Fisher is highly trained in the area of standardized field sobriety testing ("SFSTs") and has attended three student courses and an instructor's course taught by highly trained individuals according to the National Highway and Safety Administration's guidelines. He has decades of experience in explaining to juries just how unreliable these tests are and how inconclusive their results can be.

 

Contact DWI/DUI Defense Attorney Fred Fisher in Southampton, New York


If you've been accused of DWI based on invalid or inaccurate field sobriety tests, DWI/DUI defense attorney Fred Fisher can help. Contact his Southampton, New York offices today.