I was not given clear instructions and was not given the one legged stand test correctly
Anyone facing a DUI truly needs to evaluate specific facts and evidence with a local attorney experienced in defense of DUI cases. There are many possible defenses and settlement strategies in DUI cases, and challenges to administration of Field Sobriety Tasks are a common issue. Even where such tasks are not conducted properly, it is possible the State could obtain a conviction based on the "totality" of the evidence. On the other hand, improper administration of tasks could form part of the basis for a successful defense, either based on pre-trial motions (challenging reasons for the stop and detention), or at trial (challenging whether the defendant was really impaired). General information in a public forum is no substitute for reviewing the specific facts with an experienced local attorney and determining how to best proceed.
The author provides answers on this site based on hypothetical questions and fact patterns. The answers provided are for general educational and informational purposes only, and they do not constitute legal advice, which would require a personal consultation and representation agreement. Questions and answers on this site do not create an attorney-client relationship, and the communications are not privileged. Any citizen with a legal issue should consult personally with an attorney and should rely only on legal advice provided in a formal attorney-client relationship.
Field sobriety tests are just part of the collective facts that prove or disprove that you were intoxicated. If all the observations from the field sobriety tests are thrown out but there were other facts like a horrendous driving pattern, admission of drinking, slurred speech, the smell of alcohol etc. a case could still go forward, and proceed to trial. You need an attorney who is privy to all the "facts" to further advocate and advise you. Good luck.
There are several successful defenses that may be available to you if the officer failed to follow the correct procedures when administering the Standard Field Sobriety Tests (SFST). It is the Commonwealth's burden to prove their case against you beyond a reasonable doubt. Their failure to do so can result in acquittal. However, since there is often additional evidence of intoxication and since proper administration of the SFST is often a matter of proof, cases of this type are rarely dropped prior to trial unless the evidence is suppressed. Your best course of action is to speak privately and confidentially with an experienced criminal defense attorney. Most, myself included, offer a brief initial consultation for no charge. If you cannot afford to hire an attorney, you can apply for help from the experienced attorneys in the public defender's office. Good luck.
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