I was pulled over for not making a complete 100% stop at a red light before making a right hand, basically gliding through as most people do. I had been drinking and apparently smelled of alcohol, and the officer performed a field sobriety test. In the police report, the officer states that she did not finish administering the field test due to concern for my health and I was placed under arrest for DUI. I was given a breathalyzer test after being taken down to jail and the tech that administered the test stated in the report that I was in good health. I did not see a doctor or health examiner of any sort relating to my condition at the time. Since the officer said I was not in good enough health to finish the field test yet the tech reported I was in good health, could this be a legal defense, that the officer did not give me a full chance to prove my sobriety since a tech said I appeared to be in good health and I wasn't looked at by anybody?
4 Answers from Attorneys
The field sobriety tests were likely stopped for your "safety", not due to "health". The officer may have have mistakenly written "health". "Good health" is not a medical diagnoses, rather a statement that you appear to be in relatively good health. Either way, you should consult an attorney regarding these and other possible issues that may give rise to a defense to the charges.
Possibly. I would have to know exactly what the officer said RE stopping the SFSTs.
The officer who gave the field sobriety test may have stopped it, because she was concerned that you would be injured by continuing the test. Although this could be a person's level of intoxication, it could also be a person's physical disability, weather conditions or traffic conditions that require stopping the field sobriety test.
Keep in mind that it is unlikely that the officers are medical professionals and in position to give anything other than a lay opinion about your health. Regardless, it is not a defense, but you may have others.
I offer a free initial consultation during which I would discuss with you any defenses that you may have.
The purpose of the Field Sobriety Test is for the officer to determine if there is probable cause to arrest your for DUI. There is no legal requirement that she administer the test at all, much less complete the test. However, she does need probable cause to make an arrest, and I doubt that going through the stop sign is sufficient. You should consult with a lawyer that handles these types of cases, like myself, to determine what defenses are available.
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