In Oregon, driving under the influence of intoxicants (DUII or DUI) involves a surprising amount of technical evidence. There are many technical issues that can be challenged, including administration of the field sobriety test.
As your defense lawyer, I will carefully investigate the field sobriety test to look for opportunities to challenge the results. I offer a free initial consultation to discuss your case.
The field sobriety test or FST is not an exact science. As a former CLS prosecutor for the Multnomah County District Attorney’s Office in Oregon, I know exactly how to evaluate the prosecution’s case and pinpoint issues the prosecution might overlook. For example:
- You could have an injury or be on medication that creates a false positive.
- If your eyes jerked during the horizontal gaze nystagmus test (where you follow a stimulus such as a light), the police officer will say that is because of alcohol. However, there are other things besides alcohol that can cause your eyes to jerk.
- The FST is performed under stressful circumstances in which anyone could fail, whether he or she had been drinking or not. If you fail even two or three parts of a 15-part test, the officer may consider you to have failed the test.
- Many tests are not videotaped and are based on subjective interpretation of the police officer.