San Jose, CA asked in DUI / DWI for California

Q: So what happens when I’m 100% sober but failed a field sobriety test and still get arrested for dui?

I took a field sobriety test and I failed and got arrested. At the time I was super tired, I had zero sleep last night . I was also nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way. Meaning when I stand on it for too long or do certain movements it starts to hurt

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4 Lawyer Answers
Thomas M. Fleming
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Answered

A: Did you take a blood or breath test? Find the best DUI lawyer you can find. That attorney will obtain all the discovery, review the evidence and hopefully work to get all this dimissed. I wish you the very best of luck with your situation..

A: The fact you were super tired due to zero sleep the previous night and injured your ankle a few months ago and it hasn’t healed all the way

nervous and I somewhat understood the officers instructions but I still had questions . I also inured my ankle a few months ago and it hasn’t healed all the way. Meaning when I stand on it for too long or do certain movements it starts to hurt

A: The fact you were super tired due to zero sleep the previous night; injured your ankle a few months ago and it hasn’t healed all the way; were nervous and you misunderstood the officers instructions is going to convince the judge you shouldn't have been driving even if you were sober (still illegal.) Your excuses may hurt more than help.

James L. Arrasmith
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Answered

A: If you were arrested for a DUI in California despite being sober, here are some important points to consider:

1. Field Sobriety Tests (FSTs) are not always reliable indicators of intoxication. Factors such as fatigue, nervousness, injuries, or medical conditions can negatively impact your performance on these tests.

2. You have the right to refuse to take FSTs in California. However, if you refuse a chemical test (breath or blood) after being arrested, you may face additional penalties.

3. It's crucial to request a chemical test to prove your sobriety. If the results show that you were not under the influence, this evidence can help your case.

4. Contact an experienced DUI attorney as soon as possible. They can guide you through the legal process, protect your rights, and help you build a strong defense.

5. Your attorney may challenge the validity of the FSTs, citing your fatigue, nervousness, and injury as factors that affected your performance. They may also question the officer's instructions and whether they were clear and easy to follow.

6. If you have medical records documenting your ankle injury, provide them to your attorney. This evidence can support your claim that the injury impacted your ability to perform the FSTs.

Remember, being arrested for a DUI does not necessarily mean you will be convicted. With the help of a skilled attorney and evidence supporting your sobriety, you may be able to have the charges reduced or dismissed. It's essential to take immediate action to protect your rights and build a strong defense.

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