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Field Sobriety Tests

Field Sobriety Tests and DUI Charges in Overland Park

Overland Park DUI Defense Attorney

A traffic stop which turns into a DUI (Driving Under the Influence) investigation generally results in the officer having the driver perform various balance and reaction tests to determine if the driver is impaired due to drugs or alcohol. This can seem fair, as long as the officer is well trained in the testing techniques, only uses the approved tests and is very observant. There are a number of factors which could negatively influence the outcome, such as bad weather conditions, poor road surface, and age or physical conditions of the driver, as well as incorrectly administered tests. If you or a loved one has failed a series of such tests and been arrested, it is crucial that you consult an Overland Park criminal defense attorney for assistance without delay. Attorney Robert C. Gigstad has received the same training as law enforcement officers, and is certified to administer the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests.

Field Sobriety Tests and DUI Defense

The tests approved for use in the Field Sobriety Test (FST) were tested by the NHTSA (National Highway Traffic Safety Administration) for effectiveness. The only three that were found to have validity are the Horizontal Gaze Nystagmus test, the walk and turn and the one leg stand. According to the NHTSA studies, even when these are carefully and correctly administered and evaluated there is a large margin of error possible, meaning a sober person can fail these tests for a number of reasons. The officer may have failed to fully explain and demonstrate the test before having you perform the actions. An uneven or sloping surface could interfere with balance and your ability to successfully perform. Obesity, disability, having uncertain balance, or other physical conditions can make it impossible to carry out the movements correctly while maintaining good balance.

An officer's failure to administer the correct tests or administer them correctly can also be grounds for excluding test results from the evidence against you. If the officer had you do a preliminary breath test and arrested you based on the fact that you failed it, this also can be challenged as these devices are not reliable. Fighting the results of an FST is a complex matter which depends upon a full understanding of the technical issues involved. A respected DUI defense lawyer at our firm carefully examines all of the circumstances surrounding a client's arrest in order to identify the flaws in the prosecution's case with the intention of getting the charges dismissed or reduced.

The most damaging evidence against a driver may be the statements he or she makes in answer to an officer's or prosecutor's questions. Be aware of this, and don't answer any questions without first getting advice of legal counsel. Any DUI conviction (or guilty plea) will have serious repercussions on your future. This makes it vital that you take effective action in your own defense. Talk to a criminal defense lawyer who can work closely with you and delivers an aggressive defense by calling Gigstad Law Office, LLC.

If you have failed a Field Sobriety Test, contact an Overland Park DUI defense attorney to discuss your case. 

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Testimonials

Client-Centered Legal Represntation
    "Robert Gigstad Was Extremely Helpful and Thorough in Handling My Case"
    I got an MIP and Fake ID charge in Lawrence and Robert Gigstad was extremely helpful and thorough in handling my case. He always got back to me in a timely manner and kept me informed throughout the whole process, I got diversion for both charges so they will not be on my permanent record.
    Kelly
    "I Would Definitely Use Him Again and Would Recommend Him to Any of My Friends"
    I found this attorney through a website and saw his outstanding rating from other clients but was a little nervous. I met him at his office and was very impressed by his knowledge and professionalism. He won my case and I could not of been happier. I would definitely use him again and would recommend him to any of my friends! Thank-you again Mr. Gigstad
    Ronald
    "Highly recommend"
    Robert was great and easy to work with! He made a stressful situation a breeze. I would highly recommend!
    Former Client
    "I appreciate all of his expert help making the most out of a bad choice & bad situation."
    Chris was great from the start! I made a bad judgement call to get myself into the position I was in, and I needed help to rectify the situation & move forward. I am completely inexperienced when it comes to the law & proceedings. Chris was professional, supportive, and just - HANDLED everything. I appreciate all of his expert help making the most out of a bad choice & bad situation. There is so much additional sleep I could have lost at night if I didn’t trust Chris to guide me in the decision making and achieve the best possible outcome. I highly recommend Chris!
    Happy Client
    "He Is Very Adept at Guiding You to the Very Best Scenario for Your Particular Situation"
    I highly recommend Mr. Gigstad for your legal needs. He is very adept at guiding you to the very best scenario for your particular situation. He helped my husband and I with a case that would have required us to travel to Kansas had we not hired him. He made it possible for us to stay here in Florida as he went to all of our court appearances, negotiated so we would receive the lightest possible court penalties, including negotiating for the lowest fine that the court would accept. As a bonus, Mr. Gigstad is extremely reasonable! If you would like to get the best outcome for your case, hire Mr. Gigstad!
    Lindy
    "Robert Is Professional and Made the Writing of My Will Easy and Painless"
    Robert is professional and made the writing of my Will easy and painless. He is professional and competitive. I will gladly recommend Robert and his services!
    Brian P.
    "Friendly, Reliable, and Professional"
    Chris was great! I was involved in a car accident at a stop light and was given a ticket for following too close. The girl I hit even said it wasn't my fault, however I was still given a citation. I contacted Chris to help me get my ticket reduced to a non-moving violation after several people told me it couldn't be done since I was involved in an accident. I provided Chris with all the details of the accident and he said he would take care of it. After a few exchanged emails, Chris attended my court date and got the job done! For a small fee, my ticket was reduced to a non-moving violation. I would encourage anyone to use Chris' services because he was friendly, reliable, and professional.
    Happy Client
    "Everything with my experience has been far and above."
    Everything with my experience has been far and above. But the kindness and being treated with such respect has meant so much to me.
    Former Client
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