What if the police say I failed the field sobriety test?


Well, that's really never bothered me, because if you've been arrested, we know you failed the field sobriety test. You have to understand what the crime of driving under the influence is. The jury is charged that the state has to prove that your normal faculties were impaired, not whether you've failed or passed a roadside sobriety test.

Normal faculties are defined in our statue as your ability to walk, talk, judge distances, drive a car, see, hear, and generally do the things you normally do in your normal daily lives. None of which is standing on one leg, or walking down a line heel to toe. They don't have anything to do with your normal faculties, and so it's never bothered me if you've failed a field sobriety test.