Friday, September 10, 2010

The nice officer is asking me to do a Field Sobriety Test

     So you're minding your own business, driving home after having "two beers" at the local sports bar after having spent the entire day there watching everything from the pre-game analysis to the late games wrap up, and you get a warm fuzzy feeling deep in your belly when your rear view mirror suddenly explodes with flashing blue lights.  "Gosh I'm glad that the police are here to protect me." you gently tell yourself in a voice that would make Ghandi proud.
     You resist the urge to jam your foot down on the accelerator, and realize that although you are f-ed, a night in jail and some unwanted bills are better than a lead lobotomy at the end of a high speed chase.  So you pull over to the side of the road, and wait for Officer Friendly to shine his flashlight in your eyes and ask the inevitable "Have you had anything to drink tonight?"
     You honestly respond, "Only two beers ossifer." and hand over your ID and insurance, with only a slight waiver in your voice, and a tremor in your hands.  A study should be done some day to determine why people think that two beers is the best answer to this question.  The fact of the matter is that two beers is still drinking, and your butt is still firmly planted behind the wheel of a recently moving car.
     Your next step in this real life Greek tragedy is your decision whether or not to take the field sobriety tests that your friendly neighborhood protector will undoubtably ask in his most friendly manner.  The reason he is being so friendly at this point is because if you take those tests, you will make his life a 100 times easier when it comes time to convict you.  Ask a West Georgia DUI Lawyer if you should take those tests, but think of it this way:  you do not have to take those tests, and taking them can only hurt you.  They are not designed for you to pass them, they are designed only to provide evidence of your drunkenness.  Read the NHTSA description of them, it does not discuss pass/fail, it discusses how the officer looks for clues to your intoxication in order to establish probable cause for your arrest.  You CANNOT PASS THESE TESTS, YOU CAN ONLY SHOW THAT YOU ARE INTOXICATED.
     But hey, you know better.  Go ahead and try to do a heel to toe tightrope on a dark unlevel highway with a spotlight on you and traffic flying by.  Just for fun.

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