I Failed A Field Sobriety Test: Now What?

by Stacy Aspen on October 31, 2013

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When you are stopped for suspicion of driving under the influence (DUI), you will be required to take a field sobriety test. In most cases, this will consist of a breathalyzer test. If you take the test and fail, you will be taken to the police department and placed in jail until you can appear before the Court for arraignment, which is generally the next morning.

In some states, the police department has the right to request a blood test from you to check for sobriety. If they believe that you are DUI, they will perform a few roadside tests such as walking a straight line or asking questions to see if you can answer them. For example, a San Bernardino DUI lawyer  says a suspected drunk driver may face field sobriety tests including: eye examinations, balance test, alphabet recital, and counting backward. As in other state, if you fail these tests, they will escort you to the nearest hospital or police station to have blood drawn for an additional test. If the test comes back positive, you will be arrested for DUI.

What You Should Do When You Are Arrested For DUI

The first thing that you should do once you have been released from jail is look for a DUI defense attorney. While it is legal to represent yourself in this type of court proceeding, it is not recommended. The punishment for being convicted of a DUI goes well beyond any fine or jail term you may have to serve.

If you are convicted of a DUI, you can plan on losing your driving privileges for a specific period of time. You can also plan on seeing your car insurance premiums double for the foreseeable future. In addition to these two inconveniences, you may also have to pay large fines to the Court and other organizations due to your conviction depending on where you live.

You may also be required to attend substance abuse counseling, attend driving school, and have an ignition interlock device installed on your car at your expense. You may have problems with your job because of the position you have requires you to drive, and finding a new job will be difficult because you will be a convicted felon.

Hiring a defense attorney will give you a better chance at leaving the courtroom without this type of conviction. Many attorneys can review the case and find issues that will allow the case to be overturned. Others have the ability to convince the Court to charge you with a lesser crime, allowing you to avoid the DUI conviction.

The most important thing that you should do is follow all the advice that our attorney gives you and refrain from getting any other type of traffic conviction between the time of your arrest and your Court date.

In the end, you have a very good chance of walking away from this type of arrest without many problems when you are represented by an attorney. Of course, the best thing that you can ever do is not drive when you are not capable of operating the car with precision. This includes operating the vehicle when you are too tired or using over-the-counter medications that make you drowsy and appear to be intoxicated.

In her more than 12 years as an NBC Affiliate journalist, Nicole Bailey-Covin has reported on many DUI related stories and researched the legal aspects of this type of arrest. A San Bernardino DUI lawyer  once said, “While you can’t predict the future, you can find direction and support when you contacting an attorney.” If you have failed a field sobriety test, the most important thing you can do is seek legal advice and find out your rights.
Stacy Aspen

Stacy Aspen

Stacy Aspen has been a legal writer since 2008, assisting lawyers with articles, research papers, web copy and blog posts. Stacy has a BA in creative writing and also enjoys writing poetry in her spare time.

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