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Standing on the California pavement: Did I pass the Field Sobriety Tests?


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11/17/2008
Anders Johnson
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Whether you passed or failed the Field Sobriety tests is based totally on the officer's personal observations and impressions.  There are a number of factors that influence how you do on the tests, having nothing to do with whether you have consumed alcohol.

How even is the pavement?  Is the pavement gravel or concrete, or something even less, like dirt?  Is there traffic passing by as you're doing the tests, stopping or slowing to watch you?  How's the lighting?  Is it a street light, or the officer's flashlight?  How's the weather?  Are you shivering or shaking because you can't coordinate yourself, or because you are freezing?  What are you like - are you obese, elderly, or have physical impairments of your limbs, back, eyes or ears?  What kind of shoes are you wearing?

This is where writing everything you remember during the stop down as soon as possible helps.  An experienced DUI attorney can use this information to diffuse any negative impact of the tests.



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