> Yeah maybe there might be some inaccuracy - but then the defendant failed the standardized field sobriety tests. And the cop is saying that they were visibly drunk. Now what?
You pay to have a medical expert come in and explain the myriad conditions that can lead to failing the field sobriety tests. It's simply a question of funding. Even if the case isn't dropped the jury will almost certainly have reasonable doubt.
This is partially why, at least in California, major parts of the penalties for DUI are "administrative" in nature and handled by the DMV.
Even if you do get acquitted in criminal court, it's another set of hearings to get your license back ($$$), lose the special "I got a DUI" SR-22 insurance requirement, etc.
You pay to have a medical expert come in and explain the myriad conditions that can lead to failing the field sobriety tests. It's simply a question of funding. Even if the case isn't dropped the jury will almost certainly have reasonable doubt.
This is partially why, at least in California, major parts of the penalties for DUI are "administrative" in nature and handled by the DMV.
Even if you do get acquitted in criminal court, it's another set of hearings to get your license back ($$$), lose the special "I got a DUI" SR-22 insurance requirement, etc.