During the holidays, you might find yourself attending more social events than normal. This is common for many people in Michigan. At these events, hosts may serve you wine, beer, spiked egg nog or some other alcoholic beverage, which is also very common. Here at Gormley and Johnson Law Offices, PLC, we understand that this very typical and accepted practice often puts people at risk for arrest for suspected drunk driving.
If you find yourself stopped by a police officer for any reason and the line of questioning indicates that the officer might be determining if you are under the influence of alcohol, it is important for you to understand the tests that an officer may use. It is common for law enforcement to ask people to participate in field sobriety tests during these events. You should know that these tests are not intended to, nor can they, prove definitively that your BAC is above the legal limit of 0.08%.
As explained by AAA, law enforcement uses these three tests to collect enough evidence to show that you may be impaired. If you fail these tests, an officer may be able to legally arrest you and charge you with a drunk driving offense. Each of the three field sobriety tests has a known inaccuracy rating. The prosecution can only use evidence from a chemical test in an attempt to prove that you are or were legally drunk.
More information about the type of evidence collected by law enforcement officers that prosecution often uses in a drunk driving case is available on the field sobriety test page of our Michigan criminal defense website.