Knoxville, TN asked in DUI / DWI for Tennessee

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

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2 Lawyer Answers
James R. Owen
James R. Owen
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

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.

Paul Stanko
Paul Stanko
PREMIUM
Answered
  • DUI & DWI Lawyer
  • South Bend, IN

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.

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