HEALTH PROBLEMS CAN AFFECT A FIELD SOBRIETY TEST
Football season is upon us which means football fans everywhere will be attending parties to celebrate America’s latest past time. , Parties often include drinking. Many football fans get behind the wheel of a car and head for home after having a drink or two. “A lot of people feel fine after having a drink so they think they are okay to drive,” Grand Haven Lawyer, John Hayes said. “Even though someone may feel okay to drive doesn’t mean they should drive. I believe anyone who has had a drink or two should have a friend who hasn’t had any drinks be the designated driver after a party.”
People often get pulled over on their way home from a party because of a burned-out taillight or because they didn’t use a turn single, only to find themselves taking a breathalyzer test and a sobriety test to determine if they are under the influence of alcohol. “Most people think that having a drink or two won’t cause them to fail a test,” Hayes explained, but that is not always the case. “If a person fails one or both tests, they will likely have charges filed against them.”
Over the years, Hayes has represented people who fail a sobriety test for reasons other than being intoxicated. “Not everyone can walk a straight line or say the alphabet backwards,” Hayes said. “A physical problem unrelated to drinking can cause a person to fail a test. I recommend that anyone who has a physical problem that might cause them to fail a sobriety test notify the officer who pulls them over as soon as they get out of the car to take the test.”
Hayes says what often happens is a person notifies the police or their lawyer of a physical problem they have after the fact. “I have seen people who have well documented physical problems not tell anyone until they are sitting in my office weeks later. Getting charges dropped after the fact can be very difficult. If the physical problem is documented in the police report and the officer is made aware of how the physical problem can impair a person’s ability to pass a sobriety test before they take one, gives your attorney a better possibility of successfully defending you.”
Knowing your rights and having a lawyer who knows how to fight for your rights can make a big difference when charges have been filed.