PASSING A FIELD SOBRIETY TEST
Can a driver being investigated for a DUI ever “pass” a field sobriety test? Once an officer has smelled the odor of alcohol on your breath you will generally be arrested and cited for DUI. The key word is “pass.” The officer who smelled the alcohol on your breath decides whether you did well enough to drive home or whether you will be driven in handcuffs to the local police substation. Everything is under the control of the arresting officer. Almost every aspect of the Field Sobriety Test is based on their “opinion.” Many drivers are told by the “arresting” officers that they did well on the Field Sobriety Test only to later read in their police report that the arresting officer described how poorly they actually performed.
I’ve even had DUI clients tell me that the officer told them that prosecutor would probably dismiss the case. Question: Why would the officer make the arrest in the first place if they knew or believed that their case would later be dismissed?