20Jun 2019

Challenging Field Sobriety Findings

Nobody likes to be wrong, and this is especially true for police officers
and prosecutors. Once they believe you have committed a crime, 
they are determined to have a convincing narrative to present to a judge 
or jury that supports their belief. Field sobriety findings are among 
the major pieces of evidence that the prosecution uses in a DUI trial. 
We all know the "drill." The officer will claim that the individual 
suspected of DUI had alcohol on their breath, was slurring their speech, 
had bloodshot eyes, was disheveled in appearance and was uncoordinated. 
However, through very simple and direct logic, those "findings" can be 

A very direct way to challenge the whole idea that an individual was 
seemingly under the influence is to ask very pertinent questions of the 
arresting officer(s). Questions such as: Did the defendant stop in a 
timely manner? Did the defendant produce his or her documentation in a 
timely and organized fashion? How bloodshot were they eyes? (Bloodshot 
can range from hairline to advanced bloodshot and can be caused by 
things as minor as dry eyes.) These questions can demonstrate that the 
individual was, in fact, very sober the whole time and showing no 
evidence of intoxication.

There are many ways to challenge a narrative that paints a suspect as a 
criminal. We will use all of our experience and resources to counter 
this narrative and protect your rights. If you live in Burlington, 
Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the 
State of Vermont, and have been arrested or charged with DUI or any 
crime, call Handy Law for aggressive and experienced legal defense.