During the holiday season, a lot of attention may be given to drunk driving. All across Virginia, campaigns encouraging people to drive sober or find alternative means to and from holiday celebrations can be seen. However, it is important to remember that the act of having one or two beverages and then driving home is not actually illegal unless your blood alcohol content exceeds the legal limit.
If you are ever stopped by an officer and eventually asked to take field sobriety tests, you should know that these tests cannot prove that you are impaired. In fact, they are not even meant to. Instead, FieldSobrietyTests.org indicates that officers use these as a way of collecting evidence to support that you might be impaired so they can legally arrest you.
Many health conditions can prevent you from being able to pass one or more of these tests. If you have anxiety, for example, you might not be able to balance perfectly under the stressful situation. This might result in you allegedly failing the one leg stand or walk and turn test. Similarly, physical problems such as with your back, knees or feet may make it all but impossible for you to execute some of the tasks as instructed. Even being a bit overweight can interfere with your ability to take these tests.
If you would like to learn more about how you might be able to protect yourself when you are facing criminal charges for an alleged DUI offense, please feel free to visit the drunk driving charges assistance page of our Virginia criminal defense website.