Officers consider “the totality of the circumstances” when making an arrest. This phrase means that every little thing you do on the scene counts. Sometimes the smallest movements, such as raising your arms “too high” or turning your head can be a deciding factor in your arrest. Many officers will arrest someone simply because they smell alcohol, or because the person admitted to drinking.

A trained attorney can help you use your good performance on your roadside tests to challenge your arrest in court. They can also use your good performance as evidence to assist you in trial.