Not Following Instructions During DWI Stops

Not Following Instructions During DWI Stops

- BT, Texas

Answer:

Most people don't understand until too late that following instructions is a big part of field sobriety tests. You get told to stand a certain way before staring the walk and turn.

Instead of standing there one foot in front of the other, you move your feet apart because it's uncomfortable. You think it's no big deal because the test is to count and walk heal to toe. Wrong. You've already failed part of the test.

The cop will testify that you couldn't stand there properly. So, what do you?

Well, if you get to trial, tell the jury that you didn't understand the importance of standing there while waiting to start the test. Stick to your guns when cross examined. Unless you're a professional like a cop or a lawyer, you probably haven't seen many field sobriety tests. Not understanding the instructions is a legitimate defense.

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