You have not been drinking, but you have been pulled over by the police. The officer decides to have you do a field sobriety test to see if you are intoxicated. You think you should pass, however, did you know it is very possible to fail a field sobriety test when you are completely sober?
If you have failed a field sobriety test and you haven't had anything to drink, it's best to call a DWI attorney to help you deal with it. There are many reasons you might have failed even if you were sober, and your lawyer can help you prove your case.
One-Leg Standing Test Problems
One of the most popular and most used of the field sobriety tests is the one-leg stand. This is when the officer has you balance on one leg for a few seconds. Some people are able to balance pretty well on an uneven surface but many find this simply too difficult, and it has nothing to do with drinking at all.
For example, if you have any balance problems related to an inner ear problem, knee or joint pain, a history of concussion or brain trauma, or even eye problems, you could find it very difficult for you to balance correctly. If this is the case, it could lead to a false positive on a field sobriety test.
If you have any ailments such as these, it's best to alert the officer ahead of time, or even refuse to take the test. If you are arrested or charged for DWI in this instance, contact a lawyer and inform them of the circumstances.
The Eye Test
Another test that could be problematic for certain people is the eye test. If you have any eye trouble such as far-sightedness, the beginning stages of cataracts, or any other eye issue, it can make following the light the officer holds in their hands difficult. Oftentimes, the officer makes you take your glasses off to watch how your eyes respond and follow the flashlight.
If you require glasses to see correctly, this could end up being a problem for you. It also can be a problem with a sudden bright light shining into your eyes for those with sensitivity to light.
The Breathalyzer Can Be Wrong
It is considered the most accurate instrument to detect DWI, however, a breathalyzer can be wrong and give off a false positive too. If the breathalyzer was improperly calibrated, it will give off a false positive. If you are diabetic, the test can detect ketones in your blood and give off a false reading. If you have even had just a sip of alcohol, the breathalyzer can read residue left behind in the mouth and give off a false positive as well.