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Can You Be Prosecuted for a DUI Even If You Did Well on the Field Sobriety Test?
When facing a DUI charged in Broward County frequently the police officer making the arrest will have the DUI captured on tap through the in car video recorded. This video can be used to the defense of the accused if their actions shown are viewed as normal. Meaning if the offender is seen as coherent and alert during the field sobriety test an DUI defense attorney can use this to their advantage.
First and foremost this video tap is used by police as evidence for their case. Knowing this the police will film the field sobriety test as a way to prove the individual was under the influence.
Therefore If the Individual Is Sober and Passes the Test, Why Did They Get Arrested?According to DUI defense attorney William Moore, the answer for this is much more complicated then one may imagine. One reason the police may have arrested the accused is due to erratic driving or the police officer may have smelled alcohol on their breath.
It’s important to know that field sobriety tests are an objective measure on whether the individual is under the influence or not. In fact in some cases the blood alcohol level revels the person charged was not under the influence but still was arrested.
These types of cases hold a great argument for the defendant and may lead to the charges being completely dropped. If you feel that you have been wrongfully arrested and passed the field sobriety test contact our attorneys at William Moore Criminal Defense for further information on how we can defend your case.
William R. Moore Criminal Defense Attorneys
110 SE 6th St #1713
Fort Lauderdale, FL 33301
(954) 523-5333
