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Non-Standard Field Sobriety Tests

Alcohol drink If the arresting officer in your DUI case used a non-standard field sobriety test, inform one of our DUI lawyers in Sacramento immediately. The Department of Transportation has identified only three field sobriety tests that give information accurate enough for to justify an arrest. These three tests are the horizontal gaze nystagmus test (which checks for the involuntary twitching of the eye), the walk-and-turn test (which measure the ability to balance while walking), and the one-leg-stand test (which measures the ability to balance while standing on one leg).

If, during your DUI arrest, the officer administers a field sobriety test that is not one of those three, such as asking you to recite the alphabet or say or write certain words, it may be that the officer did not have sufficient evidence to arrest you. There are plenty of other reasons that a sober person might have trouble performing tests like those, ranging from dyslexia to poor enunciation or handwriting.

It is not just a few uninformed officers conducting these unverified tests. The report that the officers must fill out for DUI arrests requests that the officer take a handwriting sample from the suspect. The prosecution typically tries to make this writing sample out to be sloppy, illegible, or simply very difficult to read. The prosecution will then try to argue that the poor handwriting correlates to poor motor skills, attempting to present this as evidence that the defendant was indeed intoxicated.

However, there is scientific evidence that sloppy handwriting proves no such thing. For instance, there is one notable 1986 study that concluded that a person’s handwriting does not reflect his impairment level, nor does it correlate to his blood alcohol concentration. If you submitted a handwriting sample when you were arrested, your attorney can use this study to undermine the prosecution’s strategy and prove that your handwriting reveals nothing about your level of inebriation at the time of your arrest.

Our experienced DUI lawyers in Sacramento know the faulty tactics commonly used by the prosecution; accordingly, he knows how to prepare for them. Make sure you have one on your side; call Param Pabla today for an initial consultation.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
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