Knoxville, TN asked in DUI / DWI for Tennessee

Q: I thought I passed the field tests. Why was I still arrested for DUI?

Related Topics:
2 Lawyer Answers
James R. Owen
PREMIUM
Answered

A: Unless you know how the officers score field sobriety tests, it can be difficult to know whether you passed or failed. You should contact an experienced DUI lawyer who is certified by the National Highway Traffic Safety Adminstration to administer and grade field sobriety tests. He will be able to help you evaluate your case.

A: Field sobriety tests are only used as tools to establish probable cause to offer certified tests, and as evidence at trial to prove intoxication. The decision to arrest is still a judgment call to be made by the law enforcement officer. Also, those FSTs are designed for failure. They are scored by the arresting officer, but that scoring can be very subjective in practice. I have had hundreds of clients tell me they thought they "passed" the FSTs, only to find that the LEO "failed" them.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.