What type of evidence is a field sobriety test considered?

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Field sobriety tests are considered presumptive evidence because they are designed to indicate an individual's level of impairment at the time of the test. This type of evidence is useful in supporting the suspicion that a driver may be impaired due to alcohol or other substances, but it does not provide a definitive conclusion about a person's blood alcohol concentration (BAC) or the exact level of impairment.

The results of field sobriety tests, such as the walk-and-turn or one-leg stand, can be influenced by various factors, including environmental conditions and an individual's physical or medical conditions. Thus, while the performance on these tests can suggest impairment, it cannot definitively establish that a driver is over the legal limit for alcohol. This is why additional evidence, such as chemical tests (breath, blood, or urine), is often necessary to achieve a conclusive determination of impairment.

In summary, field sobriety tests serve as an initial indicator of possible impairment and fall into the category of presumptive evidence. They set the stage for further investigation rather than serve as standalone, conclusive proofs of intoxication.

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