When Roadside Sobriety Tests Are Wrong in Illinois

 Posted on March 22,2024 in DUI

IL defense lawyerRoadside sobriety tests are often used by police officers to establish probable cause so that they can make a DUI arrest. However, these tests are notorious for producing inaccurate results. A person who is perfectly sober can fail roadside sobriety tests and be wrongfully charged with a DUI for a number of reasons. Some people simply do not have good balance, and external factors can also affect your score. If you were arrested for drunk driving because you did not pass a roadside sobriety test, a Rolling Meadows, IL DUI lawyer may be able to have those results excluded from the evidence presented in court.

Reasons a Sober Person Might Fail Roadside Sobriety Tests

People who have had one or two drinks are often under the limit and legally able to drive, but the police officer who pulled you over may have smelled alcohol on your breath and assumed you were more intoxicated than you were. Or, they may have smelled the cannabis someone else smoked around you while you declined. Reasons a person who is under 0.08 might fail a sobriety test include:

  • You slipped on ice, mud, or wet grass - You had no control over where you took the roadside tests. If you were trying to walk a straight line over any icy, wet, or muddy surface, you may have slipped or been unable to place your feet on solid ground. 
  • The wind interfered with your balance - Especially if you were stopped during a blizzard or in strong winds, the wind may have interfered with your ability to balance on one leg. People may naturally sway due to the force of the wind, and police may interpret this as a lack of balance due to intoxication. 
  • You have a medical condition - People who suffer from conditions like inner ear issues or vertigo may not be able to balance well even when they are completely sober. People who have recently gained weight or who are pregnant might be struggling with a change in their center of gravity, causing them to appear unsteady. 
  • Your footwear betrayed you - If you were enjoying a night out and were wearing high heels, you might have a much harder time trying to balance than someone who was wearing sneakers. 
  • You are just clumsy - Some people are naturally less coordinated than others. If those who know you would describe you as a klutz who frequently trips over nothing, your attorney may be able to attribute a stumble to your simple lack of balance.

Roadside sobriety tests frequently produce inaccurate and legally questionable results.

Contact a Cook County, IL DUI Defense Lawyer 

Experienced Rolling Meadows, IL DUI defense attorney Scott Anderson is a former prosecutor who can easily anticipate how the prosecution might approach your case and present counterarguments. Scott F. Anderson, Attorney at Law will do all it can to eliminate your roadside sobriety test results from evidence. Contact us at 847-253-3400 to begin with a free consultation.

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