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.
-
What Our Clients SayOur clients share their stories about what happened and how we helped.
-
About Our AttorneysWe're here to protect your legal rights and defend your future.
-
Our FAQ'sYou Are Probably Asking Yourself Some Questions
Testimonials
Client-Centered Legal Represntation
-
javascript:void('Save')Bill
-
Chris was upfront and honest about my situation, giving realistic predictions about the penalties I could expect. I didn't have to appear in court, he took care of court dates for me and helped me navigate my way through the foreign territory of getting a DUI. It was money well spent to not have to worry about missed steps or errors filing paperwork.Mel
-
Robert was extremely helpful and efficient in the way he handled my case. Due to his hardwork and persistence he was able to get my DUI dismissed and I was only charged with a traffic violation. I highly recommend his services to anyone. BillyBilly
-
Robert was great and easy to work with! He made a stressful situation a breeze. I would highly recommend!Former Client
-
Robert Gigstad is a good down to earth attorney. He helped my daughter with her case which included transporting and open container and a DUI. He was very reasonable on the cost too which we were extremely thankful.Anthony
-
Mr. Gigstad provided excellent service in helping me to remedy several traffic tickets, one of which had potentially serious consequences. He was very responsive, attentive and followed through on helping me resolve this situation. He's a great guy as well and I can't recommend him enough!Rod
-
Robert was very helpful on my (2) Moving violations. He skilly negotiated both to parking tickets - neither are reportable to my insurance. He kept me informed during the important milestones of the process. I have no reservation whatsoever in recommending his legal services. Steve RichardsonSteve R.
-
Extremely responsive, straight talking attorney that carries himself like none I have ever used in the past. Treated me like he was providing a service, rather than doing me a favor by taking my case. Gave me his opinion of my case and his recommendation on how he would approach it but let me make the final decisions. In the end he negotiated a deal with the prosecuting attorney that was better than I thought possible. Zero jail time and minimum fines totaling $250(maximum was $2500). Now, 6 months later he was able to get all of my remaining probation time terminated for good behavior. During that time he also helped out with a lease agreement for a rental property, and a bid contract. Considering the level of service I received and the results I got, in the future I won’t use anyone else.Criminal Defense Client
-
LICENCE NOT SUSPENDED A.H. V. KANSAS DEPARTMENT OF REVENUE
-
LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
-
DRIVER'S LICENSE NOT SUSPENDED. A.M. V. KANSAS DEPARTMENT OF REVENUE
-
LICENSE SAVED B.B. V. KANSAS DEPARTMENT OF REVENUE
-
NOT GUILITY C.C. V. M.B.