Top Myths in Utah DUI Cases - FST's
Standardized Field Sobriety Tests (SFST's or FST's)

There
are a variety f myths regarding
DUI defense in Utah that pop up from
time to time on the internet. These myths seem to continue circulating
because there is often at least some degree of truth in them.
Understanding these myths and the reality behind them can be an
important step to determining the
best defense strategy for an
individual DUI case.
This
page provides general information relating to two DUI myths involving
field sobriety testing. If you are facing DUI or other criminal charges
in
Utah, having an experienced criminal defense attorney on your side is
critical.
Contact us today to see how our criminal defense team can help.
Myth #1 - If a police officer does not correctly demonstrate the field sobriety tests, I will win my DUI case.FALSE - Field sobriety tests are only reliable when the are correctly
demonstrated, correctly administered, and correctly interpreted by the police officer. The
standardized field sobriety tests recognized by NHTSA require the
officer to look for subtle clues in the performance of the subject
driver. It may be something as simple as lifting your arms to retain
balance, making a pivot while turning, or not touching your heel
directly to your toe. If the officer does not correctly demonstrate how
these tests are to be performed, the results of the test may be found
to be invalid. But a jury can still convict even with invalid FST's.
At trial, courts will often defer to the finder of fact
(usually a jury) to determine who much weight to give the results of
the field sobriety tests rather than completely excluding them.
However, in the context of a motion to suppress, the judge must
determine whether the results of the field sobriety tests are so
tainted by the officer's inadequate or incorrect instructions and
demonstrations such that the results are not sufficiently reliable for
purposes of determining probable cause to proceed further with the DUI
investigation. In summary, while it is important that an officer
correctly explain and demonstrate how field sobriety tests are to be
performed, and an officer's failure to do so may significantly aid in
defending against a DUI prosecution, incorrectly administered field
sobriety tests are not an automatic win.
Myth #2 - If police fail to administer the field sobriety tests, I cannot be charged with DUI.FALSE
- Field sobriety testing is just one tool used by police officers to
build a case against a suspected DUI driver. Most often, the field
sobriety tests are used to establish probable cause to arrest a driver
suspected of DUI or to establish the probable cause necessary to obtain
a warrant for a blood or urine sample in order to further investigate a
suspected DUI. But the necessary probable cause may be established
through other evidence.
When a DUI case involves an accident
where the driver suspected of DUI was injured, it is quite common that
the driver is not in a physical condition that allows the standardized
field sobriety tests to be administered. In such cases, the accident
itself may provide some support for a DUI prosecution. Warrants for
blood or urine can also sometimes be obtained without the
administration of field sobriety tests. Blood, breath, or urine tests
can provide evidence of a DUI.. A driving pattern (whether or not an
accident occurs) can serve as evidence of a DUI. Statements or
admissions by a driver can be introduced against the driver at trial.
Physical evidence and officer observations may also be introduced by a
prosecutor to support a charge of DUI. Field sobriety tests are often
helpful in the process of prosecuting DUI cases, but they are not
absolutely necessary.
Finding a DUI Attorney in Utah

Field
sobriety tests are often just one piece of a complex puzzle. A criminal
conviction in the Utah court system can carry serious consequences. If
you are
facing prosecution for a DUI or other related drug or alcohol offenses,
having the right attorney on your side can be critical to achieving the
outcome you need.
Contact us today to see how our
criminal defense team
can help you.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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