Understand Your Rights in a DUI Arrest
Field sobriety and breathalyzer tests are used by police officers to build a case against suspects in DUI stops and arrests. In the state of Alabama, drivers are required to submit to lawful requests for breath, blood or other chemical tests or face suspension of their driving privileges. Field sobriety tests, however, are not mandatory and may be declined by drivers who do not wish to perform them. Unfortunately, many drivers do not know their rights in a DUI stop and police officers rarely inform drivers of these rights, since they want to use evidence gained from these tests against you.
At Burke, Harvey & Frankowski, we know your rights and will help you protect them if you have been arrested for a DUI in Birmingham or the surrounding communities of Alabama. Our experienced criminal defense lawyers will examine all aspects of your stop and your arrest and will aggressively defend you to reduce or eliminate the charges and penalties against you. If you or someone you love has been stopped and arrested on suspicion of a DUI, it is in your best interests to contact us as soon as possible.
Call us at Burke, Harvey & Frankowski toll free at 888-930-9091 and speak with an attorney for free about your criminal defense.
Field Sobriety Tests During a DUI or DWI Stop
While official breathalyzer tests and other chemical tests are mandatory and have penalties for refusal, field sobriety tests are completely voluntary. Many of the field sobriety tests that officers use — such as the Horizontal Gaze Nystagmus (eye test) the one leg stand test and the heel-to-toe test — have little to no relevance for proving impairment among drivers.
What most individuals do not know is that many of these tests cannot be consistently passed by sober individuals, let alone drivers who are nervous about being stopped for a DUI. The results of field sobriety tests are subjective and can be interpreted against you, even if you believe that you performed them well. Nevertheless, police officers could enter evidence obtained during these tests against you.
Contact Us to Learn More Information
If you have already performed these tests and have been arrested for a DUI, speak with one of our attorneys and learn more about your rights and what our firm can do to improve your situation. Contact us today to get the representation that you need. Call our office in Birmingham, Alabama, at 205-930-9091 or toll free at 888-930-9091 for a free initial consultation.

