If you have been pulled over for suspicion of a DUI in Washington, DC and the officer asks you to perform the OLS or the Walk and Turn (WAT), he or she is supposed to first ask if you have any medical conditions or injuries that would make it hard to perform the test. They often do not ask this question. If they do, and your answer is yes, the officer is supposed to say “I will take that under consideration.” When I received my three days of training in DWI Detection and Standardized Field Sobriety Test Administration, the trooper told me that they really don’t have any way to actually take your medical condition under consideration. They simply hold you to same the standards as anyone else taking the test. They may fail you even though you do not have the physical ability to pass while completely sober.
Your Washington, DC DUI lawyer should ask you about any injuries or other medical conditions. The fact that an officer did not take them into consideration does not mean that a judge should ignore them also. There are a lot of ways to fight a DUI. Always remember than an arrest is not a conviction.
