Night is when law enforcement stop vehicles, smell alcohol, and conduct a series of completely meaningless, field sobriety tests meant to demonstrate impairment. Even though the tests are often not instructed properly or scored correctly. Moreover, the tests are designed for failure, even for the most balanced individual because they are presumed to measure two things: balance and ability to follow instructions. Yet, officers seldom, if ever, give proper instructions and even when they do, the scoring is so decidedly subjective, and perfectionist, that no one can pass. For example, there are approximately 80 mistakes that one can make on the walk and turn test, but scoring 78/80 will still result in failure! Is there any other test you can think of, where scoring a 97% will result in anything but an A+? Swaying on the on the one legged stand (OLS) will score you half way to failing, yet there is no instruction on not swaying, so you would have to be a mind-reader to succeed at this test.
| Question | Yes | No |
| Did you walk in an “imaginary line”? | ||
| Were you able to hold your leg up for 30 seconds? | ||
| Was the officer abrupt, unprofessional, or mean? | ||
| Did the officer fail to check your mouth with a flashlight? | ||
| Did the officer administer a Portable Breat Test in the field? | ||
| Did the officer tell you to blow “hard” into the Intoxilyzer? | ||
| Did the officer threaten you with jail? | ||
| Did the officer stop you for a “bogus” traffic infraction? | ||
| Was there more than one officer/police car during the tests? | ||
| Did the officer ask you to step away from your car immediately? | ||
| Did you perform the tests in poor/cold weather? | ||
| Did you do test with boots having more than a 2 inch heel? | ||
| Was there a passenger in the car who observed the tests? | ||
| Is this your first DUI arrest? | ||
| Are you female? | ||
| Did they take only a breath test? | ||
| Were you booked into jail? | ||
| Was it after night time when you were stopped? |
Score Your Case
If you had 2-5 “Yes” answers = Poor to fair
If you had 6-10 “Yes” answers = Good
If you had 11-15 “Yes” answers = Very Good
If you had 16+ “Yes” answers = Excellent
Too many people give up when dealing with a DUI conviction without consulting a Utah Dui Lawyer first. They have been through hell and don’t think its worth the extra painso they are not going to beat a number from a machine. The truth is most DUI’s especially first DUI’s are either able to be reduced to a lesser charge or totally written off. Its important that your attorney is a trained DUI specialist.
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