Do I Have to Audition for My Freedom When a Cop Asks Me to Step Out of My Car?????
SHOULD I AUDITION FOR MY FREEDOM????
The one thing to remember is the Cop is never going to ask you out of your vehicle to admire your shoes!!!! If the cop has already asked you how much you’ve had to drink tonight, and then asks you to get out of the car, chances are pretty good that he wants to “see if you’re okay to drive”. Officers are people too, so they think that “DRINK, DRIVE, GO TO JAIL” is the law. For many officers, the arrest decision has been made at this point. Since the decision to arrest has already been made, the Standard Field Sobriety Test (SFST’s) to these cops is nothing more than an effort to obtain evidence to use against you. The Standardized field sobriety tests are typically the third phase in a DUI investigation. THESE TESTS ATTEMPT TO JUDGE THE USE OF NORMAL MENTAL AND PHYSICAL FACULTIES USING ABNORMAL MENTAL AND PHYSICAL TESTS!!!! YOU HAVE A RIGHT TO REFUSE TO TAKE THESE TESTS AND YOU SHOULD ALWAYS REFUSE THESE AGILITY EXERCISES!!!! In short, these exercises are subjective and designed for you to fail. Many people can’t do these exercises with absolutely no alcohol in their system.
National Highway Traffic Safety Administration (NHTSA) conducted a series of studies to determine intoxication in drivers. As a result of these studies, a three test battery resulted. The SFST battery consists of the Horizontal Gaze Nystagmus (HGN), Walk and Turn (WAT) and the One Leg Stand (OLS). The SFST’s are used to determine if a person has an alcohol concentration of .10 or more. The first fallacy of the tests is that the tests as conducted by the studies are looking for .10 – not .08 (the legal limit in Florida). Moreover, these “studies” were conducted in controlled environments where there is no traffic whizzing by, ideal weather conditions, and the tests were administered with flat smooth surfaces and officers who were certified as SFST instructors – not the average deputy or cop. These studies are touted by the State as being accurate and reliable – our office typically shows otherwise. If any element of the SFST’s is changed in the administration of the SFST – the results of the test are compromised. If you are arrested for DUI , remember our office works tirelessly to ensure that the tests were administered according to NHTSA standards.
Our office is available to you at all times. If you need help or assistance this holiday weekend, we are always here for you. www.we-fight- DUI .com / www.dhlawfirm.org
This information is intended for informational purposes only and does not constitute legal advice.