It is important to know that although they are used to charge accused individuals with driving while impaired, field sobriety tests and other tests can be challenged. For instance, it may be possible to challenge that the field sobriety test was not properly administered or that the police officer administering it was not properly qualified to administer it. This is also true of a breath test.
Law enforcement officers are required to follow certain procedures to pull an accused individual over for a traffic stop or administer a breath or field sobriety test. There are also certain legal standards they must meet. In addition to breath tests, field sobriety tests including the one-legged stand test; the walk-and-turn test; and the “horizontal gaze” test, among others, may be used to determine impairment and if the accused individual will face drunk driving charges.
Certain legal standards must be met before the police officer can pull the accused individual over for a traffic stop or before they can conduct certain tests. The methods for determining these things are non-scientific and can also be challenged. There are a number of serious potential penalties and consequences individuals accused of a DWI face, which is why they should understand how to challenge drunk driving charges when facing them.
In order for accused individuals to protect their rights and driving privileges, they must be familiar with the legal protections they have available to them through the criminal justice system. It is essential to understand how to enforce those rights and access those protections to help mitigate the potentially devastating consequences of a drunk driving charge.
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