3. Odor of alcohol on breath (Doesn't non-alcoholic beer smell just like Bud?)
4. Slurred speech (How does he know your regular speech patterns?)
5. Fumbling with wallet trying to get license (Maybe you're nervous because the police are there with lights on?)
6. Soiled, rumpled, disorderly clothing (Do you work construction or in a kitchen or warehouse? You could just dirty from a long work day and tired or been driving for a long period)
7. Combative, argumentative, jovial or other "inappropriate" attitude (Trying to talk your way out of a DUI is the best way to get arrested for it)
8. Staggering when exiting vehicle (Field Sobriety Test)
9. Swaying/instability on feet (Field Sobriety Test)
10. Leaning on car for support (Field Sobriety Test)
11. Failure to comprehend the officer's questions (Field Sobriety Test)
12. Stumbling while walking (Field Sobriety Test)
13. Disorientation as to time and place (Field Sobriety Test)
14. Inability to follow directions or to "divide attention." (Field Sobriety Test)
Items 1 through 6 are just what a police officer sees not knowing you from Adam. In court, they can and should be challenged by your attorney
I meet and represent a lot of people who commit Item 7. Everything you say to the police is going to used against you. Stick with giving your Name, address, license, proof of insurance and registration and nothing else. To anything else "Officer, I know you have a job to do but I think I need to remain silent until I speak with my attorney." or "Officer, I have been advised not to answer these types of questions until I speak with my attorney, nothing personal"
Items 8 through 14 are going to severely limit potential defenses you may have. The Field Sobriety test (FST) is designed for failure and just bolsters the police officer's probable cause to get a Breathalyzer and Blood Test. In many cases, injuries, poor hearing, being overweight, bad eyesight and other medical ailments may prevent the police from having you perform a FST
If you decline to take a Field Sobriety test, the Police are stuck with your driving patterns before the traffic stop. I read a lot of Affidavits of Probable Cause for DUI arrests. In the vast majority of cases, more ink is devoted to what you did after exiting your vehicle for the Field Sobriety Test than why the police stopped you initially.
If you need assistance with a DUI charge,
call
Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063
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