Being pulled over after you have had a few drinks can be very scary, and it can even lead to an arrest. If this happens, you might be charged with a driving while intoxicated (DWI) crime, and you could end up in jail. If this happened to you, there is a chance your lawyer might be able to challenge the tests used by the police when they pulled you over. Here are the main two tests police often use when arresting people for DWIs and tips for challenging the tests.

A Field Sobriety Test

The most common test of all used by police when they pull people over that they suspect are drinking is called a field sobriety test. During a field sobriety test, an officer might look closely into your eyes. If this happens, the officer is looking for a jerking of the eye that typically takes place when a person has alcohol in their system. Secondly, the officer might ask you to balance on one leg. Balancing on one leg is not an easy task for many sober people, but it is even harder for a person to do if he or she has consumed alcohol. Additionally, the offer might ask you to walk in a straight line to see if you can do so.

If you pass this test and the officer still thinks you were drinking, he or she might proceed with a second test. If you had passed the field sobriety test, though, it is a good indication that you may not have been impaired while you were driving, and this would be a good factor to use in court to challenge the DWI charge.

A Breathalyzer

Many police officers will also administer breathalyzer tests to drivers suspected of drinking. An officer can administer a breathalyzer if a person passed or failed their field sobriety test. A breathalyzer is used to test a person's blood-alcohol content. If you took the test and it registered under the legal minimum, the officer could not legally arrest you, unless there was some other reason for it. If this is what happened to you, there are a number of ways you could challenge the test.

The first way is by simply using the facts. If this test did not reveal a level that was over the legal level, what was the officer's reason for arresting you? The test might also have been inaccurate. One explanation for this could be that the test was not administered properly. Another explanation could be that you were taking medication that registered on the test. There are many ways lawyers can challenge the results of breathalyzers, and that is one of the top reasons you will need a good criminal lawyer for help in your case.

One Important Thing to Know

It's also important for you to know that you have the legal right to refuse to take the field sobriety test and the breathalyzer test if you are pulled over. The officer who pulls you over will probably not tell you those things and there can be consequences for that, but it is still your legal right not to do those things.

The problem with taking the field sobriety test is that it does not offer a clear answer. It is up to the officer who issues the test to determine if you passed or failed. Secondly, if you take a breathalyzer, the results are not always accurate.

The problem with not taking the tests is that the officer could still arrest you. If you get arrested, you will have to take a breathalyzer test or a blood test afterwards.

If you need help with a DWI case, you should contact a law firm like FUNDERBURK  AND LANE that offers assistance to people charged with driving crimes like this.