Skip to content

Q:  Could a field test be used against you in a d.u.i. refusal case.  I did not understand what was being ask of me to do because the demands were confusing so the officer and… Scroll down to read more!

Q:  Could a field test be used against you in a d.u.i. refusal case.  I did not understand what was being ask of me to do because the demands were confusing so the officer and I was conversing as I was asking him “do I do it like this” before I actually performed the test now as I gain more knowledge of these sort of cases I feel it could be used against me is that so ?



A:  

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/could-a-field-test-be-used-against-you-in-a-d-u-i–1305699.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Contributor Level 20

13 lawyers agreed with this answer

Matthew Phillip Konecky
Matthew Phillip Konecky
DUI / DWI Attorney – West Palm Beach, FL
William H. Kassebaum
William H. Kassebaum
Criminal Defense Attorney – North Miami, FL
Anthony Michael Solis
Anthony Michael Solis
Criminal Defense Attorney – Los Angeles, CA
C. C. Abbott
C. C. Abbott
Immigration Attorney – Fort Myers, FL
James C Forslund
James C Forslund
DUI / DWI Attorney – Englewood, CO
Daniel Nelson Deasy
Daniel Nelson Deasy
Criminal Defense Attorney – Centennial, CO
Joseph Franklin Pippen Jr.
Joseph Franklin Pippen Jr.
Estate Planning Attorney – Largo, FL
Majid Vasigh
Majid Vasigh
DUI / DWI Attorney – Tampa, FL
Theodor Kaplun
Theodor Kaplun
Criminal Defense Attorney – Bala Cynwyd, PA
Cheryl Rivera Smith
Cheryl Rivera Smith
Real Estate Attorney – Frisco, TX
Ethan Patrick Meaney
Ethan Patrick Meaney
DUI / DWI Attorney – Minneapolis, MN
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL

” href=”http://www.avvo.com/legal-answers/could-a-field-test-be-used-against-you-in-a-d-u-i–1305699.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>13

Lawyers agree
Best Answer
chosen by asker
Answered Roadside / Field sobriety exercises are abnormal tests which are allegedly designed to test one’s normal faculties. Law enforcement touts them as the be all and end all of tell-tale signs of impairment, and prosecutors argue until they are blue in the face that any physically capable and sober soul can and should pass them, so the fact that you “failed to perform to standards” proves that you, my friend, were DUI. Defense attorneys, on the other hand, know that fst’s are nothing more than a set-up (i.e. utter bullcr*p) and, if trained properly, should be able to demonstrate to a jury that whether you can hop on one leg and touch the tip of your nose while singing the Star Spangled Banner (obviously I am being facetious and exaggerating) has no bearing on your ability to safely operate a motor vehicle.

That said, fst’s, or more accurately, your performance on them – as subjectively rated by law enforcement, can and will be admitted into evidence against you. This will be coupled with the police officer’s allegations of your driving pattern (i.e. why you were stopped) as well and with any other observations that (s)he may claim to have made (i.e. what you looked like, how you spoke, walked, responded to requests, were dressed, smelled, sounded, and on and on and on…. until s(he) has testified exactly as s(he) was trained at the police academy in the 101 DUI block of classes.

If you are in a jurisdiction where fst’s are videotaped then you will have the benefit of seeing what the jury will see, and if you are smart you will carefully – and objectively – look at it with your lawyer (after 21+ years of DUI work I can tell you that I have seen many videos that contradict law enforcement’s testimony, but I also have to say that the vast majority of them confirm it) before you decide whether or not to roll the dice with a jury. If there is no video then you are back at square 1: Your word against that of law enforcement (and, as my esteemed colleagues have stated, the State’s case will be bolstered by being permitted to argue “consciousness of guilt” – meaning that you refused because you knew that you would have blown over the legal limit had you taken the breath test).

The bottom line is that these cases are almost always slug-fests (tough fights), and, as in any fight, the better you train and prepare the better your odds at success. If you are not already represented by competent counsel then I urge you to get into someone’s office yesterday. Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ – and click on the “Find A Lawyer” tab). 



When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the “Like” button:  www.facebook.com/haberpa 
0 0 votes
Article Rating
Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"!Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statementAccordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics.When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!And remember, at HaberPA, it's all about reasonable doubt!
Subscribe
Notify of
guest

This site uses Akismet to reduce spam. Learn how your comment data is processed.

0 Comments
Inline Feedbacks
View all comments

Categories

Archives

0
Would love your thoughts, please comment.x
()
x