|
You have strong, valid defenses if you can answer yes to any of the following questions:
- Did you have only a small amount to drink and refuse the breath test?
- Did you look "good" on video despite having some drinks?
- Were you not informed of your rights before answering questions, performing roadside tests, or taking a breath test?
- Do you have any illness or injuries that may cause you balance difficulties?
- Were the field sobriety tests conducted on a surface that was not flat, dry, well-lit, and totally free of debris?
- Did the patrol car's lights blind you or disorient you when you performed the field sobriety tests?
- Did you perform roadside tests near passing cars?
- Did the officer mistake your fear or exhaustion for impairment?
- Do you have diabetes, hypoglycemia, or any medical condition that may cause you to seem impaired?
- Were you involved in a traffic crash?
- Did you do well on the roadside tests?
- Did officers fail to watch you for 20 minutes before you took your breath test?
- Did the officers ask you to remove your removeable dental work and rinse your mouth before giving you the breath test?
- Were you driving impaired by something other than alcohol or a controlled substance?
- Were you driving impaired by drugs and didn't make any admissions or provide a urine sample?
|
