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thinkiwont
Nov 9, 2006, 04:09 PM
Hey I have been charged for a dui but I was not drunk I did not blow
I have a middle ear problem that makes me loose my balance
And I told the cop that but he arrested me any ways they said that they
Had no driving pattern on me they pulled me over for not stoping for people on the side walk so they say I think they stopped me for wearing a cowboy hat any ways
Do you think I have a case they up it to a felonybecause now they can go back 10 years

Fr_Chuck
Nov 9, 2006, 05:04 PM
The correct field sobriety test has a lot more to it than just the balance,

It starts when he watches your car before he pulls you over, varioius indicitors will be noted.

Next he will mention what he heard, smelled and observed as he spoke to you in your car. What about that made him believe you had been drinking.

Then he will note your behavior as you got out of the car.

Next the language you used in speaking to him

Next he will use the motion of your eyes and the such. You will need to provide medical evidence in court of your middle ear problem that cuases you to loose balance, if you do indeed loose balance easy they may void your drivers license since it would be a hazard for someone with a serious balance problem to drive.

Next of course in most states they have a implied consent, which basically says if you don't blow or agree to a blood test you will lose your drivers license. ( so expect to at least lose it)

But I would say if the officer is indeed certified in DUI stops by the State Post, he will bury you, since they know exactly how to testify in court.
Hire the best lawyer you can, if you expect to beat it.

I only lost one of my DUI arrests, if you go by the book, one issue like balance does not make or break your case. Heck some drunks have great balance.

So your biggest mistake for that night, if you were not drunk you should have blown, since it would have proved you were not drinking.

And of course here in TN we have an entire separate charge for the cowboy hat.