Not everyone accused of being under the influence of drugs or alcohol is guilty. Sometimes Breathalyzers aren't properly maintained or field sobriety tests aren't properly administered. In a recent Texas City case, a young girl has been charged by her school district for being under the influence despite negative drug and alcohol tests.

Last month a 12-year-old girl had a headache and a stomachache at school, so she went to see the school nurse. Instead of being treated or sent home for the day, the nurse called a school police liaison who administered two field sobriety tests on the 12-year-old. After having the girl focus on a pen light and stand on one leg for a period of time, the nurse and police officer determined she was under the influence of something.

The girl's mother took her daughter to have a drug screen done within an hour of picking her up from school. Doctors performed a urine test and a blood test that looked for everything from amphetamines, cocaine and antidepressants to alcohol, PCP and marijuana. The young girl tested negative for everything.

The school district has refused to take the tests into consideration. It said the tests were unreliable because they were not performed under the district's supervision - even suggesting the blood and urine samples may have come from someone other than the 12-year-old girl.

Despite the negative tests and notes from a doctor, who suggested that migraines and the need for a new glasses prescription may have been the reason for a less than perfect field sobriety test, the school district suspended the girl for three days, saying the nurse had the education and experience to tell if someone was under the influence based on observation. The 12-year-old was also assigned to attend the district's alternative learning school.

The girl's mother filed two appeals with the school district but lost both. When school commences after spring break, the young girl will have to attend Texas City's alternative learning campus for 10 days.

Experienced Texas attorneys know that field sobriety tests are not always accurate. In situations like this, seeking professional legal advice may be beneficial.

Source: The Daily News: "Mom fights 12-year-old's suspension," 15 March 2011