QUESTION
What can happen if I fail a field sobriety test but I was not drinking?
Asked on May 27th, 2015 on Criminal Law - Michigan
More details to this question:
I was caught running a stop sign and the officer asked me to step out of the car and do a field sobriety test. I was very nervous even though I did not have one drink all day and I do not do drugs so I stumbled a bit and was shaking. The officer took note of that and charged me for a DUI and at the time I did not think of taking a breathalyzer test because I was so nervous. What can I do? Is it too late?
7 ANSWERS
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. FYI nobody ever passes field sobriety tests. They're designed for you to fail
Answered on Jun 23rd, 2015 at 3:19 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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A breathalyzer test is not something that you volunteer for. It's the police officer's responsibility to have you take one. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jun 23rd, 2015 at 3:19 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and defends yourself. Failure of field sobriety test alone are not much for the prosecutor to base his case upon, there must be other issues.
Answered on Jun 23rd, 2015 at 3:19 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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You need to consult a DUI attorney and discuss all the facts of your case. You may have a solid defense to the charges.
Answered on Jun 23rd, 2015 at 3:19 PM
Thomas Edward Gates
You need to retain a DUI attorney to handle your matter.
Answered on Jun 23rd, 2015 at 3:19 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Since you have not provided any time frame, it's impossible to say if now is too late to take action. In Wisconsin, the police always must give you a breath test or blood test, and offer you an alternative test if you want. It sounds like the most you could be charged with is reckless driving or something similar. On the facts you state, there is no evidence to convict you of OWI. Consult a lawyer: there may be more facts to be considered. Good Luck.
Answered on Jun 23rd, 2015 at 3:19 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to see an attorney familiar with DUI in your county ASAP.
Answered on Jun 23rd, 2015 at 3:19 PM