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Frequently Asked Questions: Criminal Law

If I fail a field sobriety test, is that sufficient evidence that I am under the influence?

Absolutely not.  This is simply the opinion of the arresting officer based upon his education, training, experience and observations.  The officer’s opinion is afforded no greater weight than an opposing opinion of either the operator or any other witness.  Further, in order for such tests to have any merit or weight, they must be properly administered in accordance with the National Highway Traffic Safety Administration Act (NHTSA).  The NHTSA training manual clearly states that even if such tests are administered properly, they are only correct approximately 65-68% of the time.

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