Whether or not you have ever been arrested for and charged with drunk driving in Nebraska, it may be helpful for you to have an understanding of the tests used to determine whether or not you can actually be charged with this offense. These tests may sometimes be called into question during a drunk driving defense. This is in part due to the fact that they may not be fully accurate.
As explained by FieldSobrietyTests.org, the three tests used by officers to establish probable cause are not 100-percent accurate. The walk-and-turn test, for examle, is only 66-percent accurate. This test requires people to walk in a strict heel-to-toe fashion for nine steps in one direction and then turn around and walk back another nine steps in the same manner. While walking, people must not use their arms for balance. In fact, arms must be kept by the sides of the body.
During the test, people must also count while taking steps. This is because the test measures not only balance but a person's ability to perform multiple actions at once. This can be diffcult for people under any circumstance and may be especially so when under the stress of a potential criminal arrest. The results of this and other field tests are used to establish probably cause for an arrest.
This information is not intended to provide legal advice but is instead meant to give Nebraska residents an view into the accuracy of field sobriety tests used during a drunk driving arrest process.