Magnuson Lowell Blog
Each week we post a blog about relevant legal issues. Glance through our various topics to learn more about a particular legal situation.
Whether you are heading out for a night on the town with your signfiicant other or just enjoy the comraderie of your local tavern, there is no doubt that Washington State's finest have continued their crack down on drunk driving. There is nothing worse in the pit of your stomach than driving down the road and seeing the bright flashes of police car sirens in your rearview mirror. If you had been drinking earlier in the evening, both you and the officer know why your vehicle is now parked on the side of the road. In these DUI Criminal Defense consultations, there is always one common question: should I have taken the field sobriet test?
In most cases, the desire to prove one's innocence is human nature. Pair that with the innate willigness to cooperate with the police and the field sobriety test is a recipe for disaster. In most cases, clients who had agreed to take the field sobriety test were under the impression that they would pass with flying colors. However, whether it was their poor recitement of the ABCs, their inability to walk in a straight line, or an inability to focus, the client's bravado was faulty. And now, they are sitting in my office seeking representation on a DUI.
The field sobriety test is not designed to decide whether you pass or fail. It is designed to allow an officer to observe a suspect over a short period of time and use those observations against them in court. In most cases, the officer has already decided on an arrest before the test based on many other factors. So performing a field sobriety test is solely a tool used by the police to build their case in court. Remember, the field sobriety test is voluntary. You have no duty to take the test. So don't! Because it will only hurt your Criminal Defense. On the contrary it will make it harder for your attorney to help fight the charges against you.