DWI Defense Strategy #2
“Challenging The Field Sobriety Tests”
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In order to actually arrest you for a DWI and hook you up to the most serious breath-testing device, the officer needs to establish probable cause for the arrest. This is typically done by making you perform a series of silly tests on the side of the road. You stand on one foot, walk a straight line, and do a few other random things that give an indication of your blood alcohol content. If you fail these tests, the officer has probable cause to arrest you.
Again, police officers aren’t perfect. Many times, they don’t explain the test correctly, they don’t count the times out loud correctly, and they just don’t hold true to the standardized procedure used to administer these tests. If this is the case, then the probable cause for your arrest doesn’t exist, and as a result the readings on the Alcotest machine are inadmissible. Your case is dismissed.