Field Sobriety Passed; Failed the Breathalyzer

Several people expressed having experienced this type of situation and wondered how to approach it at the hearing and possible trial.  Many wondered if getting a lawyer was worth the cost.  Most admitted as they expressed their experiences to having had a few drinks but hours earlier.  It is very clear that most people do not yet understand the intent of the laws in the various states around drinking and driving and the powers the states have taken away from the populace and given to the various state and local police departments.

First and foremost, it has been proven statistically with differing demographics that a person who has had a few drinks hours earlier will believe that he or she passed the field sobriety tests but actually showed many of the telltale signs of being under the influence that the police look for.  The police will make an arrest based on seeing a sufficient number of these telltale signs.  The arresting officer is required to detail the reasons for originating the stop that led to the arrest, the telltale signs that led to the arrest and the breathalyzer reading that is expected to lead to the conviction.  The accused can get a copy of his or her arrest report, but it is not typically as easy as an attorney can get it.  Be it sufficient to say that if the arresting officer believes that he or she saw a sufficient number of the telltale signs, the officer will arrest the individual and proceed to the police station to administer the breathalyzer or blood draw testing.  At this point the accused is now in the hands of the law.  Unless the accused already knows the DUI laws of his or her state, the only reasonable next step is to find and hire that very good and worthwhile lawyer.  Otherwise, dear accused, the next step taken will likely not be reasonable and cause undo harm.  Hire the lawyer!

A very good and worthwhile lawyer is worth the money.  The accused is already facing loss of license, possible jail time, fees and fines, loss of work time for the hearing and trial if not also for the jail time.  Probation may be a possibility.  Negotiation to a lesser charge is a possibility.  Getting the charges dropped on a technicality is a possibility.  But who is likely to recognize the opportunity and the reason and balance and sense to move towards a particular possibility?  Not the accused, and the prosecuting attorney and the police are NOT on the accused’s side in this situation.  That very good and worthwhile lawyer is the person who is the accused’s best hope of minimizing the pain and penalty.   This lawyer has the experience to read the police report, evaluate its contents, interview the accused in confidence, and put the two results together to generate a plan on how to proceed.  That is what the accused is getting for the money.  Even in a consultation a good lawyer can tentatively lay out the whys and likely next steps.  Hire the lawyer.

More On This Topic


Comments are closed.