It Is Possible to Receive a Passing Score on the Field Sobriety Tests?
Interviewer: Can you pass the test or are you pretty much doomed to fail them?
It Is Highly Unlikely to Receive a Passing Score on the Field Sobriety Tests
Attorney Nebeker: I’ve been doing this for ten years. I’ve never seen anyone pass the field sobriety test. I’ve handled thousands of DUIs; I’ve only witnessed one pass. I’ve seen someone pass one and another person come real close to passing.
Most Often, Undergoing the Field Sobriety Tests Provides the Officers with More Information to Use against You
Interviewer: When you do these tests you’re essentially giving the police more evidence to use against you?
Attorney Nebeker: Yes, that’s exactly true. In Utah, under the DUI statue, you can be 0.08 or higher and be considered DUI, or you can be DUI under the influence of any drug or alcohol that renders you incapable of safely operating your vehicle.
The Prosecutor Will Go Forward with a Case against You Due to a Poor Performance on the Field Sobriety Tests
If you do poorly on the field sobriety test, chances are you will be arrested and the police will administer a Breath Test. If the results are a 0.05 or a 0.06, which is legally under the limit; the prosecutor will still try and go after the individual, on some of these cases, depending which jurisdiction, for their poor performance on the field sobriety test.
They’ll argue to the jury, well, even though they were under the limit, they couldn’t even walk the line, they couldn’t even balance on one foot; therefore, they couldn’t safely operate their vehicle. That’s why my belief is you don’t the field sobriety test.