Navigating a DUI or DWI case can be a daunting and overwhelming experience, especially for individuals who are facing such charges for the first time. It is completely normal to feel a mix of fear and uncertainty about what lies ahead. At Tenn And Tenn, PA, we understand the emotional weight this situation carries, and we are here to guide you through it with empathy and a commitment to achieving the best possible outcome. If you are also dealing with a high-profile divorce, know that our team is prepared to handle the complexities of your case while remaining sensitive to your concerns.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
The Role of Field Sobriety Tests in DUI Cases
Field sobriety tests are commonly used by law enforcement officers in New Hampshire to determine whether a driver is impaired. These tests are part of the initial investigation process and often serve as a critical tool for gathering evidence. When an officer suspects that a driver may be under the influence, they will typically administer these tests on the roadside. The results can have a significant impact on the outcome of a DUI case, making it crucial to understand how these tests work and their limitations.
The purpose of field sobriety tests is to assess a driver’s coordination, balance, and cognitive abilities. The officer administering the tests will observe the driver’s physical performance and use this information to decide if there is probable cause for an arrest. While the tests may seem straightforward, there are many factors that can influence a driver’s ability to perform well, even if they are not impaired.
Types of Field Sobriety Tests Used in New Hampshire
In New Hampshire, officers typically rely on three standardized field sobriety tests. These tests were developed by the National Highway Traffic Safety Administration and are widely used across the country. The first is the horizontal gaze nystagmus test, where the officer observes the driver’s eye movements as they follow a moving object, such as a pen or flashlight. The second is the walk-and-turn test, which requires the driver to walk in a straight line, turn around, and return while following specific instructions. The third is the one-leg stand test, which involves standing on one leg while counting out loud for a set period of time.
Each of these tests is designed to detect signs of impairment, but they are not foolproof. Medical conditions, fatigue, and even nerves can affect performance. Additionally, environmental factors such as uneven surfaces, poor lighting, or inclement weather can make it difficult to complete the tests successfully.
The Reliability of Field Sobriety Tests
While field sobriety tests are often used as evidence in DUI cases, their reliability is not absolute. Scientific studies have shown that these tests are not always accurate indicators of impairment. The horizontal gaze nystagmus test, for example, has been criticized for its reliance on the officer’s subjective observations, which can lead to errors. Similarly, the walk-and-turn and one-leg stand tests require a level of physical coordination that not all individuals possess, even under normal circumstances.
It is also important to note that field sobriety tests are not mandatory in New Hampshire. Drivers have the right to refuse these tests, though doing so may raise suspicions and lead to an arrest based on other factors. If you choose to perform the tests, it is essential to understand that the results can be challenged in court, especially if the tests were administered improperly or under unfavorable conditions.
Challenging Field Sobriety Test Results
A skilled attorney can examine the circumstances surrounding your field sobriety tests and identify potential weaknesses in the prosecution’s case. This includes reviewing the officer’s training and experience, as well as any video footage or reports documenting the tests. If the officer failed to follow proper procedures or if external factors compromised the validity of the tests, this information can be used to challenge the evidence against you.
It is also possible to argue that the results of the tests were influenced by medical conditions or other factors unrelated to alcohol or drug impairment. For example, certain eye conditions can affect the results of the horizontal gaze nystagmus test, while injuries or balance issues can impact performance on the walk-and-turn and one-leg stand tests. By presenting this information to the court, your attorney can cast doubt on the reliability of the evidence and strengthen your defense.
Protecting Your Rights in a DUI Case
Understanding your rights is essential when facing a DUI charge in New Hampshire. From the moment you are stopped by law enforcement, you are entitled to legal representation and the protection of your constitutional rights. This includes the right to remain silent and the right to refuse field sobriety tests. While refusing the tests may result in an arrest, it also limits the amount of evidence that can be used against you in court.
If you are arrested, it is critical to seek legal assistance as soon as possible. An attorney can help you navigate the legal process, protect your rights, and work toward a favorable outcome. This includes reviewing the details of your case, identifying potential defenses, and negotiating with the prosecution to reduce or dismiss the charges against you.
The Importance of Legal Representation
A DUI conviction can have serious consequences, including fines, license suspension, and even jail time. In addition to these legal penalties, a conviction can also impact your personal and professional life. This is why it is so important to have a dedicated legal team on your side to advocate for your interests and protect your future.
At Tenn And Tenn, PA, we understand the challenges you are facing and are committed to providing the guidance and support you need. Our team has extensive experience handling DUI cases and is well-versed in the intricacies of New Hampshire law. We will work tirelessly to build a strong defense on your behalf and help you achieve the best possible outcome.
If you or a loved one is facing a DUI charge in New Hampshire, do not wait to seek legal help. Contact Tenn And Tenn, PA today to schedule a consultation and take the first step toward resolving your case.