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How valid is a field sobriety test result on a person who has just been in a head on collision and was hit in the face w/ airbag

Spring, TX |

Was in a head-on collision with another vehicle, both my airbags deployed, the steering wheel bag hit me square in the face, and even now three days later, I remember most of the day, hardly any of the collision, and then the hours after. I have all the hallmark signs of a concussion, but the arresting officer used those symptom to describe me as: Confused, Unsure, Disoriented, Hesitant. During one question I hesitated as a struggled to recall what happened, but I was in pain from having been hit with the airbag. Over the next few hours my nose began to swell and airbag particles the powder would cough up. Couldn't the powder affect the breathalyzer reading?

I also suffer from chronic acid reflux can that have an affect on a breathalyzer reading?

Attorney Answers 5

Posted

You will need a DUI lawyer to help with this. Yes, a head injury could very well effect the field sobriety tests. You may have a defence.

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Posted

Your case / situation is very complicated and you need to have lawyer who is experienced in DWIs look at your case. You need to hire someone ASAP so they can request an administrative license revocation hearing for you - this will help in the defense of your DWI case.

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3 comments

Asker

Posted

Hiring an attorney tomorrow

Cynthia Russell Henley

Cynthia Russell Henley

Posted

Perfect! They may want medical records, etc. All kinds of things can have negative effects. Good luck!!

Tristan Nicolas Legrande

Tristan Nicolas Legrande

Posted

An ambulance was called correct? Did you go to the hospital? Make sure you keep track of all the paperwork relating to your evaluation and treatment for your injuries. Having evidence of your physical condition because of the accident and how that could have affected your Field Sobriety testing may be valuable evidence for your defense.

Posted

Many things can affect it, which is why you should retain a DUI lawyer.

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Posted

There are many considerations in your case, and there are only a few facts offered. You definitely should hire someone who is PROFICIENT defending DWIs; it is especially important to hire someone proficient because few lawyers you will encounter will understand even the year your car was made could have an impact on your case. The last question you asked might turn on when your car was manufactured.

If you need a referral, I will be happy to point you in the right direction. A good starting point is the National College of DUI Defense (www.ncdd.com). Good luck.

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Posted

You might want to take a look at the NHTSA training manual that is a training manual for police officers regarding sobriety tests. It requires that medical conditions be considered in evaluating sobriety tests.

There are also toxicologists and other experts who can be consulted in this regard.

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