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Field Sobriety Tests

Arrested On The Basis Of A Failed Test?

Field sobriety tests (FST) have long been used by law enforcement to determine whether a person has been driving while intoxicated. The only problem is that these tests are highly subjective, based entirely on the police officer's opinion at the time. Countless individuals have been wrongfully arrested for DUI based solely on a failed field sobriety test.

If you feel that the same has happened to you, know that you're not alone. Martin & Kent, L.L.C. is an award-winning firm with DuPage County DUI lawyers committed to giving clients our very best. We have over four decades of defense experience and a thorough understanding of DUI laws in Illinois, particularly as they relate to FSTs.

We can fight for your innocence surrounding three of the most common FSTs:

  • Horizontal gaze nystagmus ("pen test")
  • One-leg stand
  • Walk-and-turn

Why are these the three most common tests?

Many people are unaware that the National Highway Traffic Safety Administration (NHTSA) has only sanctioned these three tests. This means that any other FST administered by an officer is not considered legitimate and therefore cannot be used against you in court.

Years of research surrounding FSTs has shown that their accuracy is highly debatable. Even more disturbing, officers are typically more inclined to overestimate your blood alcohol content (BAC) if you agree to take the FST.

We often remind clients that consenting to a field sobriety test is entirely up to you. A police officer cannot force you to take the test and if you refuse to do so, your refusal cannot be held against you later on. The subjective nature of FSTs indicates that it is always better to politely tell the officer no when asked.

Representation from a DuPage, Cook And Kane County DUI Lawyer

While you may have failed your FST and been arrested for drunk driving, all hope is not lost. In fact, this is an excellent starting point for our team to begin shaping your defense. We are prepared to investigate every avenue of your case and use our findings to fight for your most favorable outcome.

The time to act is now. Call Martin & Kent, L.L.C. today and schedule your free consultation. We practice in DuPage, Kane and Cook counties.