I was leaving a friends house at just before 3 o’clock in the morning. I Remember my head hitting the steering wheel and the car stopping abruptly. Two hours past before anyone showed up. The trooper that showed up gave me a field Sobiety test (after i blew a zero) which I failed and he arrested me. I was quite dazed by the blow to the head but refused medical attention. The following week I was diagnosed with conjunctivitis which I believe to be the reason I didn’t see the turn in the road. I also had a CAT scan done the following Friday because of feeling disoriented since the accident.The only other trouble I have ever been in with the law was when I was 19 and pled guilty to disorderly conduct from a misdemeanor Pot possession charge. The trooper knew I had a head injury because he wrote me a seat belt ticket saying that I would not of hit my head had i been wearing my seatbelt. He also told my soon to be ex-wife that I was the “most inebriated person he had ever seen who was not drunk”. She filed for emergency custody of my children which I had joint split before hand. kids were not with me.
If you blow a zero - that's passing and why would you consent to field sobriety tests?. Anyhoo, ya left out the most important part - were you in fact drunk (or otherwise impaired) or not? Bottom line, if the state can prove you were appreciably impaired while driving, you will likely be found guilty if not, you likely won't. Of course, there's many a slip 'twixt a cup and a lip. At this point, you likely hurt your case quite a bit discussing it with the Trooper and taking field sobriety tests and potentially by discussing it here on a public forum. Your best bet is to keep your mouth shut about the incident and go consult with a local experienced DWI attorney ASAP. Best of luck.
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If a field breath test was negative for the presence of alcohol then it sounds as though the cops suspect you were impaired by some other substance (prescription medications, illegal narcotics, etc.). The law does not require the state to specifically identify the impairing substance, only to prove that your mental or physical faculties were noticeably affected by some impairing substance.
As to whether you will be convicted or not, there really is no way to predict the outcome of the case. On one hand, there is no hard and fast evidence of any impairing substances (ie a blood test showing narcotics in your system). But on the other hand you were acting as if you might be impaired and it sounds as if you refused treatment which might have provided more information as to your condition. My guess is that your case will go to trial, but the outcome is going to depend a lot on the details of your case and the skill of your attorney.
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