This is Part 17 of our weekly North Carolina Criminal Defense video blog: “Should You Take a Roadside Sobriety Test?“
The field sobriety test, especially if the officer does not have a dash cam video or some kind of video to record the test, when those cases go to court you’re relying specifically on that officer’s recollection and his notes as to how you did.
Keep in mind that those officers are trying to build a case against you. Often their recollection on how you did the tests may differ from how you think you did the tests. The tests are very difficult. They’re difficult to do if you’re even sober.
Again, the least little slip-up on one of the tests, you can be sure that the District Attorney’s Office and that prosecutor when it goes to court are going to say that’s evidence of impairment. That’s why I tell I tell clients, “Don’t do the tests. Don’t add evidence; don’t give that evidence to the police officer.”