Question: I caught a DUI charge in Cobb County over the weekend, so now I need a Cobb County DUI attorney who knows the system. I was speeding and swerved and the Cobb cop said he was behind me and saw what happened. I only swerved because I dropped my cigarette. He said he was pacing me while I drove, so he didn't have radar, I guess. He said I was going at least 40 miles per hour over the speed limit.
I did those field sobriety tests he wanted me to do. But I was wearing high heels and I think that made me fail the tests. I never asked if I could take them off and the policeman never told me that I could take them off. It was really hard doing those tests with my shoes on and I think I would have done better with them off.
Should the police officer have told me that I could have taken off my shoes? I really should not have worn them for those tests. And I don't think I was all that drunk, buzzed or tipsy maybe, but not blasted.
Y.M. in Marietta, Georgia
Answer: Shoes certainly can have a great impact on field sobriety test performance. Many DUI attorneys neglect to determine if a client arrested for drunk driving was wearing footwear that made field sobriety test performance more difficult, if not impossible.
In your case, the law enforcement officer should have instructed you that you could remove your shoes to do the tests. It could actually be helpful to your defense that you were wearing heels because your poor performance on the tests can be reasonably attributed to your choice of footwear, as opposed to intoxication.
We have seen clients take the field sobriety tests in many different types of shoes that could have negatively impacted their performance on the tests. We have had clients attempt the tests in snow shoes, high heels, clogs and platform shoes, to name just a few. Those types of shoes, of course, make the tests much harder.
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