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Michigan Field Sobriety Test Lawyer

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Michigan Field Sobriety Test Attorney

You might assume a DUI charge requires a breathalyzer or blood test, but failing a subjective field sobriety test alone can be enough to justify an arrest. Failing a field sobriety test does not mean that you are guilty of driving under the influence (DUI). It only means that the police have reason to arrest you. If you want to fight the charges, you can rely on a Michigan field sobriety test lawyer to defend you in court so you can potentially avoid having a DUI on your record.

Schedule Your Michigan Field Sobriety Test Consultation Today

Being charged with a crime can be an unsettling experience, especially when you are charged with a crime based on less than solid evidence. The Michigan criminal defense attorneys at Jeffrey Randa and Associates understand how to successfully fight criminal charges because we’ve helped clients in your situation secure favorable outcomes for their cases since 1993.

Our firm has earned a positive reputation in the Metro Detroit area because we are open and transparent with our clients. We also work tirelessly to explore legal strategies that help the men and women we represent avoid serious consequences. From restoring your driver’s license to standing by your side in court, we’ll be there to see your case through so you can move forward with your life with confidence.

Understanding Field Sobriety Tests in Michigan

Field sobriety tests are commonly used by police in Greater Detroit to gauge whether a driver is impaired. Law enforcement takes potential DUIs seriously due to the societal harm caused by drunk drivers. In 2023, for example, there were 8,817 alcohol-involved crashes that led to 297 fatalities.

A driver who is pulled over on Gratiot Avenue in Mount Clemens may be asked to perform certain tasks that test their reaction time and mental state. These could include one-leg stands, directives to do walk-and-turns, or the horizontal gaze test.

In practice, these tests can be highly subjective. They can be influenced by inclement weather, medical issues, or even nervousness. Although these types of tests can be unreliable, prosecutors can use the results of a field sobriety test. It is important to remember that these tests do not measure actual intoxication. Rather, they can only indicate whether an officer believes you were impaired when you were pulled over.

Are Field Sobriety Tests Mandatory in Michigan?

Many drivers assume that they have to take field sobriety tests when they are stopped by law, but Michigan law does not require that drivers participate. While the state’s implied consent law requires drivers to submit to chemical tests or face penalties, drivers can refuse to take a field sobriety test without worrying about automatic penalties. Often, police officers do not explain this to Michiganders, which can lead civilians to believe that they are required to comply.

These tests are highly subjective and prone to error. Someone who is sober at the time of their test could potentially fail their test and face criminal charges. Refusing a sobriety test will not necessarily prevent you from being arrested, but it can reduce the amount of evidence that is available to prosecutors later on.

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What Happens if You Refuse a Field Sobriety Test in Michigan?

Refusing a field sobriety test in Michigan does not carry automatic legal penalties, but it may still result in a DUI arrest. Officers use these tests to establish probable cause, and without them, they must rely on other observations such as slurred speech, bloodshot eyes, or erratic driving. While declining a test limits the evidence against you, it does not guarantee that charges will be dropped.

Prosecutors may attempt to argue that refusal indicates consciousness of guilt, but this is not direct proof of impairment. Without test results, the prosecution’s case relies heavily on officer testimony and circumstantial evidence, which can often be challenged. Ultimately, the outcome of your case will not be solely based on your decision to take or not take a field sobriety test, but rather the strategy your lawyer takes to defend you in court.

Strategies for Fighting Field Sobriety Test Outcomes

Failing a field sobriety test does not automatically mean that you’ll be convicted of a DUI. Police officers may fail to follow standard protocols when administering these tests. Weather conditions and even the evenness of the road you were standing on can undermine the results.

If your case is being heard at the 16th Judicial Circuit Court in Mount Clemens, an attorney can argue that the officer failed to administer the test properly. Video evidence from dashcams or body cameras may reveal mistakes in testing procedures or officer bias.

Officer bias could take several forms. If the body cam footage finds that the arresting officer made snarky comments that show they assumed you were drunk before administering the field sobriety test, that could prove that the test cannot be used as objective evidence.

Field sobriety tests are designed for average physical ability, so individuals with back problems, injuries, or balance issues may fail despite being sober. By exposing flaws in the test results, a skilled DUI defense lawyer can weaken the prosecution’s case and challenge the validity of the charges so you are not ultimately convicted of a DUI.

How an Attorney Can Help

Fighting a DUI charge can be challenging in the Greater Detroit area because the courts take these crimes seriously and with good reason. A staggering 40.4% of fatal crashes in Michigan are tied to drivers who were under the influence of drugs or alcohol at the time of the crash.

An experienced DUI attorney can evaluate whether the test was administered properly and whether the officer followed standardized procedures. Prosecutors will likely rely on officer testimony and field sobriety test results to push for a conviction.

An attorney can challenge the legality of the traffic stop, look for inconsistencies in the officer’s report, and present evidence that shows external factors influenced your ability to perform the sobriety test. Without legal representation, you may not understand what your options are for fighting your charges.

A lawyer can provide other important legal services that could include investigating the evidence used against you or negotiating with the prosecution to secure a favorable plea bargain that lets you put the ordeal behind you. Lawyers are counselors who can provide advice on important legal matters so you are fully informed about your case and legal options.

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FAQs

Should I Get a Lawyer for a DUI in Michigan?

Yes, hiring a DUI lawyer is strongly recommended. A lawyer can challenge evidence, question police procedures, and work to reduce penalties. Michigan has strict DUI laws, and even a first offense can lead to license suspension, fines, or jail time. Tens of thousands of Michiganders face DUI charges every year, but you do not have to face your criminal charges alone.

Can I Decline a Field Sobriety Test in Michigan?

Yes, field sobriety tests are voluntary in Michigan, and you can refuse without immediate penalties. Officers use them to establish probable cause, but they are subjective and not always accurate. However, refusing a post-arrest breathalyzer under Michigan’s implied consent law can result in a one-year license suspension, so it’s important to understand your rights and the consequences.

Do Field Sobriety Tests Hold Up in Court?

What Are Common Mistakes Officers Make During Field Sobriety Tests?

Officers sometimes fail to follow standardized procedures, conduct tests on uneven ground, or overlook medical conditions that affect balance and coordination. Misinterpretation of results is common, leading to wrongful arrests. Bodycam footage can show whether the officer was biased against you from the get-go. If an officer did not administer the test correctly, a DUI lawyer could challenge its validity in court, potentially weakening the prosecution’s case.

Schedule Your Michigan Field Sobriety Test Consultation Today

Failing a field sobriety test does not automatically mean you are guilty of DUI. These tests are subjective, prone to officer error, and can be influenced by medical conditions, fatigue, or poor road conditions. Challenging the validity of your test results can help you build a strong defense and avoid unnecessary penalties.

At Jeffrey Randa and Associates, we help drivers in Metro Detroit fight DUI charges based on faulty field sobriety tests. For decades, we have represented clients who were arrested following a failed field sobriety test.

When you work with our firm, you gain a trusted ally in your pursuit of justice. At all times, we are open and transparent with our clients, and we post the flat rates we charge for legal services publicly. Contact our office today to schedule your no-cost consultation so we can review your case and begin defending you in court.

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