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1200 Dorsey Ave, Suite II, Morgantown, WV 26501

Field Sobriety Test Attorney in Morgantown

Were you arrested and charged with DUI after field sobriety testing?

Law enforcement that is suspicious that you have been operating your vehicle while under the influence of drugs or alcohol usually ask you to take certain roadside physical tests. These tests are highly subjective in how they are evaluated, and even the most highly trained officer can determine you are under the influence in error. There are a great number of factors that could influence the test results including incorrect administration, health issues, age, language, and even fear. Most people do not realize that they are not required under law to agree to take these tests; they submit to them, which only allow law enforcement to gain more "probable cause" to continue with the DUI investigation and charges.

Field Sobriety Tests and Your Rights

The National Highway Transportation Safety Administration (NHTSA) has determined that three field sobriety tests are the most effective for establishing an initial determination of intoxication. These three are the Horizontal Gaze Nystagmus, the Walk and Turn, and the One Leg Stand. The results of these tests are admissible in court, although in many states they are not. When the testing is compared in studies against actual levels of alcohol intoxication, they are less than accurate.

The test that has been determined to be most accurate of the three is the HGN, which was found to be 77% accurate by the NHTSA. That is a large margin of error, and this margin is based upon the correct administration of the test. In a large number of cases, the testing procedure has been wrong, and the results inaccurate. The One Leg Stand has been determined to be 65% accurate. The Walk and Turn test has been proven to be only 65% accurate. No matter how subjective the testing, you can find yourself facing DUI charges and this evidence brought to court to help the prosecuting attorney in getting a conviction.

It is vital that any evidence gained from a field sobriety test is reviewed carefully by a Morgantown DUI lawyer from J. Bryan Edwards Attorneys at Law. We are very familiar with the process and how an incorrectly administered test can be inadmissible in court. These tests are frequently done incorrectly, and we advise you to contact our firm at once if you are facing DUI charges and submitted to these tests. If you were forced to do the tests, it is illegal, and the evidence can be deemed to be inadmissible in court.

Contact a Morgantown field sobriety test attorney from our firm at once if you have been charged with DUI after submitting to roadside field sobriety tests.

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Address: 1200 Dorsey Avenue, Suite II Morgantown, WV. 26501 Phone: (800) 785-9924