Good Nh Dui Defence Can Circumvent Loopholes In Standardized Field Sobriety Tests

By Author: Rakesh Sharma
Total Articles: 85
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A DUI attorney who knows in and out of the SFSTs can offer good DUI defence. There’re many loopholes in administration of the Standardized Field Sobriety Test, it is quite important to know the fundamental of the SFST’s. The police officers will basically use three standard methods of testing to identify if the driver is under the influence of alcohol or any drugs and they are: walk and turn test, horizontal gaze nystagmus test and one-leg stand test. Based on these tests the cops decide that one is actually in an inebriated state and proceed with the arrest. But before that one needs to know that the follows flaws in the SFST’s, which provide easy access out of the legal turmoil, here they are:

The first and foremost flaw in the SFST’s is that there is no legal obligation to take up the test and any driver stopped by a cop and asked to take up such a test can politely decline to take it. Just because you cannot do the test does not mean you are drunk.
Most DUI/DWI lawyers advice their clients not to take up the SFST’s, as they are completely voluntary.
In most cases the driver can be arrested ...
... even if he/she scores 6/8 in the walk and turn test, which is considered fail. Basically these tests are actually designed to fail the drivers and that is exactly why the lawyers recommend not take such tests at all in the first place.
The funny side of these tests is that even a non-alcoholic or sober person does not score a perfect 10 and the arrest gets almost inevitable.
Once you volunteer to take up the test then your fate is completely in the hands of the cop, who might judge you wrong or is not certified or qualified enough to execute the test itself, so avoiding it is the best route.
The other flaw is that it is difficult to judge the level of intoxication through these tests, as there could be drivers who can be completely stable and steady even after consuming high level of alcohol.

The standardized field sobriety tests is mostly dependant on the police officer’s judgment who looks at certain signs of impairment rather a couple of signs will be sufficient for him to nail you. The other factor is that senior citizens, obese drivers or people under medication might fail these tests easily without having actually consumed alcohol or drugs. The ultimate evidence in court would be that of the blood and breathe indicating alcohol level over .08; else the case will be dismissed. So the SFST has many pitfalls that can be evaluated thoroughly by an experienced lawyer who can get you out of the legal turmoil pretty easily.

New Hampshire DUI defence Dan Hynes serves all of the N.H. He has offices in Nashua, Portsmouth, and Hudson. Attorney Dan Hynes is more popular as the N.H. DWI GUY. The attorney has written two books on DWI defence; and one of his books is a reference for criminal defence lawyers and one of his books featured as a front page article in New Hampshire's newspaper. To learn more about Dan Hynes Lawyer N.H. feel free to visit his website.