Question: I got pulled over for DUI over the weekend. The cop said he saw me swerve. When I pulled over I told the officer that I'd had a couple of beers like three hours earlier. I did the field sobriety tests and I think the cop said I passed. But he arrested me. Do I have a good case because the cop said I passed the field tests?
Answer: In our long experience, it is highly unlikely that the arresting police officer told you that you had "passed" the field sobriety tests. If the police officer in fact believed that you passed the tests, you would not have been arrested. The field sobriety tests are graded by the officer and you will be able to obtain a copy of how he ranked you on each of the individual tests. There are usually three tests that are administered. But sometimes a defendant is unable to complete one or more tests. Or sometimes the police officer stops the field sobriety tests because the officer believes that they could be a danger to the individual performing them. This usually happens if the police official believes that the suspect is so impaired by alcohol or drugs that they can fall and injure themselves.