MICHIGAN LAW LEAVES MANY CONFUSED OVER FIELD SOBRIETY TESTS

by Van Den Heuvel Law Office

Anyone who has been pulled over in Grand Rapids and been asked to perform a field sobriety test on the side of the road knows how embarrassing that situation can be. While a field sobriety test can be an effective method to help keep impaired drivers off the road, not everyone who is asked to perform one of these tests is guilty of driving impaired. In addition, just because a person fails a field sobriety test, that does not mean he or she was driving while intoxicated. 

State Law Causing Confusion 

However, in Michigan, thanks to a poorly worded law regarding field sobriety tests, many drivers, as well as law enforcement officers and attorneys from both sides are dealing with a lot of confusion when these cases go to court. The confusion comes from changes made in February of this year. In an effort to crack down on drugged drivers, lawmakers changed the law regarding field sobriety tests. However, the amended law apparently doesn’t clearly define the tests. That means judges, prosecutor and defense attorneys are interpreting the law differently.  

Unfair to Drivers? 

Lawmakers say they are working on a fix to correct the problem. In the meantime, however, some drivers are ending up on the wrong side of the courts’ interpretation. One man was arrested and later convicted of OWI even though his attorney argued that he was affected by prescription medication that his doctor had directed him to take. Because the court admitted the roadside evidence, the man’s driving career has been ruined. His attorney argued that the evidence should not have been admitted due to the language of the law as it is presently worded. He claims that the judge should have thrown that evidence out. 

Grand Rapids OWI Attorney Can Help 

Hopefully lawmakers will fix this problem so more drivers will not be unfairly affected. If you have been pulled over and been asked to perform a field sobriety test in Grand Rapids, then this law could effect the outcome of your case. Don’t be the victim of a poorly worded law. Please contact the Van Den Heuvel Law Office as soon as you can in order to get experienced legal representation. We have your best interests in mind and we’ll fight to protect your rights. If you are facing any kind of arrest or charge in relation to drinking and driving in Grand Rapids, then please call us at 616-698-0000. You can also get in touch with us online by clicking here.

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