Here’s a little known fact… Not everyone who is charged with a DWI was impaired while they were driving! Standardized field sobriety tests are reliable enough when performed correctly under normal circumstances. But if the officer performs the test wrong, sober drivers can fail and be charged with a DWI.
Likewise, a portable breath test makes certain assumptions about your breath to estimate the level of alcohol in the blood. If these assumptions hold true, then the test may accurately estimate your blood alcohol – at the time you are taking the test. But there are no breath tests which travel back in time and test your breath when you were driving the car. As you are pulled over by the officer, your blood alcohol level could be rising as your body is absorbing the ethanol. In other words, you could be driving within the legal limit when the officer pulls you over, but as the officer administers the sobriety tests your body continues to absorb and digest ethanol so that you test at a higher level than you were driving.
If you are charged with driving while intoxicated, but you question whether you really had too much to drink, give me a call. You need an attorney who knows how and why the standardized field sobriety tests are supposed to be done and who can catch mistakes when they are made.