I passed the field sobriety tests, why was I arrested for DWI?

I was in a single vehicle accident and the police responded. The officer had me perform several different field sobriety tests. I passed them but was still arrested for DWI.

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This is a very common question that may seem simple; however, the answer is very complicated. The field sobriety tests are not “pass/fail”. The officer is trained to look for specific clues of impairment during each test. Some of these clues are obvious and others are not. Typically, an officer does not tell a driver which clues they did/did not observe – And it is not necessary for them to do so.

Included in the field sobriety tests is the preliminary breath test (PBT) which is often requested following the other field sobriety tests. An officer needs a reasonable articulable suspicion of a DWI violation to support a PBT request. This suspicion can be formed from not only the field sobriety tests, but also other observations; including, but not limited to: whether an odor of alcohol is present, appearance of the driver, admission of drinking made by the driver, observations of the vehicle (including the fact of an accident), etc.

The reason for field sobriety testing is to determine if an officer has a reasonable basis to believe a driver is impaired and ultimately whether probable cause exists to arrest the driver. The officer is supposed to look at all of the facts and circumstances, including those that are favorable to the driver and demonstrate lack of impairment. No two cases are the same and it is important for you to consult with an experienced DWI attorney, such as myself, to assess the facts of your case. If law enforcement violated your rights by improperly detaining and/or arresting you, the matter could be dismissed.

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