Can't Pass the Field Sobriety Test

[MonkeyMan61]

Background:
I was arrested on a DUI charge because I failed the Field Sobriety Test (FST). They took me back to the station where I blew a .07 BAC, which is below the limit. Even though I was below the BAC limit, I still had to go through the legal procedures, hearings, and of course legal fees.

In the end, my attorney was able to get the arresting officer and the prosecutor to agree to drop the DUI charge because I have vestibular (balance) issues and naturally occurring nystagmus (focus instability), which was documented in my medical records by multiple physicians (that plus I the fact that I was under the BAC limit).

My question:
Is it possible to get a medical card that shows that I have these 2 medical conditions? I would want to show this card to an officer if I ever get asked to take the FST in the future. Suppose I had a BAC of 0.0, but for some reason an officer asks me to step out of the car, and I fail the FST and get arrested. I would then have to go through the whole legal process again - at great cost, I might add.

Thanks

 

[quincy]

What is the name of your state?

 

[Just Blue]

Background:
I was arrested on a DUI charge because I failed the Field Sobriety Test (FST). They took me back to the station where I blew a .07 BAC, which is below the limit. Even though I was below the BAC limit, I still had to go through the legal procedures, hearings, and of course legal fees.

In the end, my attorney was able to get the arresting officer and the prosecutor to agree to drop the DUI charge because I have vestibular (balance) issues and naturally occurring nystagmus (focus instability), which was documented in my medical records by multiple physicians (that plus I the fact that I was under the BAC limit).

My question:
Is it possible to get a medical card that shows that I have these 2 medical conditions? I would want to show this card to an officer if I ever get asked to take the FST in the future. Suppose I had a BAC of 0.0, but for some reason an officer asks me to step out of the car, and I fail the FST and get arrested. I would then have to go through the whole legal process again - at great cost, I might add.

Thanks

What state?

 

[quincy]

Background:
I was arrested on a DUI charge because I failed the Field Sobriety Test (FST). They took me back to the station where I blew a .07 BAC, which is below the limit. Even though I was below the BAC limit, I still had to go through the legal procedures, hearings, and of course legal fees.

In the end, my attorney was able to get the arresting officer and the prosecutor to agree to drop the DUI charge because I have vestibular (balance) issues and naturally occurring nystagmus (focus instability), which was documented in my medical records by multiple physicians (that plus I the fact that I was under the BAC limit).

My question:
Is it possible to get a medical card that shows that I have these 2 medical conditions? I would want to show this card to an officer if I ever get asked to take the FST in the future. Suppose I had a BAC of 0.0, but for some reason an officer asks me to step out of the car, and I fail the FST and get arrested. I would then have to go through the whole legal process again - at great cost, I might add.

Thanks

Even if you could get a medical card, the fact that you have a medical condition that makes police believe you are driving while drunk or impaired would not eliminate any legal process if you are stopped for unsafe driving. In fact, documenting your medical condition could result in a revocation of your drivers license.

 

[not2cleverRed]

Background:
I was arrested on a DUI charge because I failed the Field Sobriety Test (FST). They took me back to the station where I blew a .07 BAC, which is below the limit. Even though I was below the BAC limit, I still had to go through the legal procedures, hearings, and of course legal fees.

In the end, my attorney was able to get the arresting officer and the prosecutor to agree to drop the DUI charge because I have vestibular (balance) issues and naturally occurring nystagmus (focus instability), which was documented in my medical records by multiple physicians (that plus I the fact that I was under the BAC limit).

My question:
Is it possible to get a medical card that shows that I have these 2 medical conditions? I would want to show this card to an officer if I ever get asked to take the FST in the future. Suppose I had a BAC of 0.0, but for some reason an officer asks me to step out of the car, and I fail the FST and get arrested. I would then have to go through the whole legal process again - at great cost, I might add.

Thanks

You've posted this before, either here or on another legal forum. The answer remains unchanged.

If your medical condition causes balance issues sufficient to fail a field sobriety test, then you likely qualify for a handicap placard.

If you are pleasant and mention that you have balance issues and a handicap placard when you are stopped, perhaps you would be more likely to be given the benefit of doubt.

However, the fact is, due to your disability, any added impairment is likely to make you a dangerous driver. 0.07 is NOT stone cold sober.

 

[quincy]

The state name can be important. In many states, field sobriety tests can be refused without penalty as can roadside breath tests/breathalyzers - but, if refused, the one stopped will need to have a chemical/blood test. That means a trip with the police to be tested.

As a note: Even drivers with handicap placards must drive safely.

 

[stealth2]

I don't think I commented when you posted this before, but I feel compelled to now. (I don't remember the state, nor does a cursory search bring it up - sorry guys).

I suffer from the same issues, due to a stroke 8 years ago. Most people who don't know me never realize unless I tell them, as I have many workarounds for my "problems". Be that as it may. More for the point that I *do* understand where you are coming from.

That said... a "medical card" isn't an excuse for unsafe driving. It just isn't. And I'm willing to bet that, with your impairments? Adding alcohol to the mix certainly doesn't make you safer or even safe behind the wheel. So you really have a serious choice to make - either do not drive with even one drink in you or do not drive at all. I chose the latter, to be honest, because I could not in good conscience take the risk of my problems potentially harming another. Uber/Lyft are wonderful options. Added bonus? No car = no insurance. It's rather liberating.

 

[MonkeyMan61]

I thank you all for your comments and advise. The incident happened in NY, but now I live in NC, and I have a NC driver's license. My medical issues are not severe enough to impair my driving, but they could make me fail the FST. That said, I agree that I should not drive at all after imbibing. That was surely a mistake I will not repeat.

I will look into getting a handicap placard, and I will see if I can find out which states allow you to refuse the FST and go straight to the breathalyzer. But if they don't have a breathalyzer in the patrol car, wouldn't that mean they'd have to arrest me to take me to the station? I don't imagine that they'd leave my car on the side of the road and bring me to the station, administer the test, and then drive me back to my car. Or would they? Thanks

 

[stealth2]

I thank you all for your comments and advise. The incident happened in NY, but now I live in NC, and I have a NC driver's license. My medical issues are not severe enough to impair my driving, but they could make me fail the FST. That said, I agree that I should not drive at all after imbibing. That was surely a mistake I will not repeat.

I will look into getting a handicap placard, and I will see if I can find out which states allow you to refuse the FST and go straight to the breathalyzer. But if they don't have a breathalyzer in the patrol car, wouldn't that mean they'd have to arrest me to take me to the station? I don't imagine that they'd leave my car on the side of the road and bring me to the station, administer the test, and then drive me back to my car. Or would they? Thanks

No, son - your car will be impounded. And yes, you'll have to pay to get it back.

And I suspect your medical issues impair your driving more than you realize. But that's not my call. Try not to kill anyone.

 

[quincy]

I thank you all for your comments and advise. The incident happened in NY, but now I live in NC, and I have a NC driver's license. My medical issues are not severe enough to impair my driving, but they could make me fail the FST. That said, I agree that I should not drive at all after imbibing. That was surely a mistake I will not repeat.

I will look into getting a handicap placard, and I will see if I can find out which states allow you to refuse the FST and go straight to the breathalyzer. But if they don't have a breathalyzer in the patrol car, wouldn't that mean they'd have to arrest me to take me to the station? I don't imagine that they'd leave my car on the side of the road and bring me to the station, administer the test, and then drive me back to my car. Or would they? Thanks

Here are links to information on the North Carolina laws and information about license suspension and the DMV medical review program:

https://www.ncdps.gov/our-organization/law-enforcement/state-highway-patrol/faq/driving-while-impaired

https://www.ncdot.gov/dmv/license-id/license-suspension/medical-review-program/Pages/default.aspx

It could be important to note that a physician (or anyone for that matter) can report a licensed driver to the DMV if there is concern that a medical issue might cause the driver to be a risk on the roads.

 

[stealth2]

I think this is something many of us face, as we get older. Driving is such an integral part of our independence. But we must eventually be realistic.

My grandmother chose to stop driving when she placed her Mustang (!) in reverse by mistake and decimated my parent's hedges. She could not bear the thought of doing the same in a parking lot and killing a child. My Dad stopped driving when his eyesight got bad enough that he needed binoculars to watch tv. Mom.... yeah - we had to take her privileges away.

Be honest with yourself, as painful as it may be.

 

[quincy]

I think this is something many of us face, as we get older. Driving is such an integral part of our independence. But we must eventually be realistic.

My grandmother chose to stop driving when she placed her Mustang (!) in reverse by mistake and decimated my parent's hedges. She could not bear the thought of doing the same in a parking lot and killing a child. My Dad stopped driving when his eyesight got bad enough that he needed binoculars to watch tv. Mom.... yeah - we had to take her privileges away.

Be honest with yourself, as painful as it may be.

The loss of a drivers license (for whatever reason) can be difficult for anyone but it can be especially hard on older drivers. It can be a devastating loss of independence.

 

[not2cleverRed]

The state name can be important. In many states, field sobriety tests can be refused without penalty as can roadside breath tests/breathalyzers - but, if refused, the one stopped will need to have a chemical/blood test. That means a trip with the police to be tested.

As a note: Even drivers with handicap placards must drive safely.

Exactly!

One has to be aware that their limitations due to their disability may extend to their driving, and adjust accordingly.

I thank you all for your comments and advise. The incident happened in NY, but now I live in NC, and I have a NC driver's license. My medical issues are not severe enough to impair my driving, but they could make me fail the FST. That said, I agree that I should not drive at all after imbibing. That was surely a mistake I will not repeat.

I will look into getting a handicap placard, and I will see if I can find out which states allow you to refuse the FST and go straight to the breathalyzer. But if they don't have a breathalyzer in the patrol car, wouldn't that mean they'd have to arrest me to take me to the station? I don't imagine that they'd leave my car on the side of the road and bring me to the station, administer the test, and then drive me back to my car. Or would they? Thanks

I concur with stealth, as a NY driver with a handicap placard that might have trouble with a FST: your medical issues affect your driving more than you admit. The fact that you cannot accept or acknowledge that is troubling.

The difference between driving safely and unsafe driving is to first be aware of your limitations, so that you can make wise choices while driving, for the safety of all.

 

[quincy]

The fact that MonkeyMan61 was pulled over by the police in the first place is a pretty good indication that MonkeyMan61’s driving is not all that safe, for him/her or the others on the road.

 

[MonkeyMan61]

Quincy, I had a bulb out in my left taillight. I do not have any handicap that affects my driving. I walk normally, bike ride, play golf, etc. My balance issues are mild and caused by a prior lower back injury. I get a bit wobbly if I stand on one leg, as is required in the FST. My vision is 20/20. I simply have a natural condition that makes my eyes quiver a bit if I try to follow something close as it passes across my vision, such as an officer's finger as he performs the FST nystagmus test. Once again, I thank you all for participating, but I am going to bow out now, as I am feeling a bit uncomfortable at this point.