Reader’s Question:

I was charged with DWI here in Washington, DC and I feel like I was mistakenly arrested. What are the possible ways that I can prove that I had a relatively good performance in the field sobriety tests and how can I challenge the use of non-standardized field sobriety tests?

Justine

Washington, DC

First of all, if the police officer used non-standardized field sobriety tests (FST’s) on your DWI arrest in Washington, DC, that can easily be challenged because there are only three tests that are certified by the National Highway and Traffic Safety Administration (NHSTA) as reliable indicators of the level of impairment. There would be very little, if there is any valid scientific support for using tests other than the three tests blessed by NHSTA.

Almost all people arrested for DWI would say that they passed the field sobriety tests with flying colors, but this is not always the case. There are little things such as estimating 30 seconds to be 28 seconds or raising your arms for balance more the 6 inches could be interpreted by the police officer in his report as a reason why the officer believes that his decision to arrest you was correct. Emphasizing what was done correctly, most especially if there are several positive aspects to performance on the field sobriety tests could be used at trail to show that you were not impaired to the extent that you were unsafe to drive a motor vehicle using the ordinary care and prudence of a sober person under like circumstances.

Tags: DUI, DUI defense, DUI lawyer, field sobriety tests