DUI Field Sobriety Tests in California
When you have been arrested for DUI, you may have been given a field sobriety test by the law enforcement officer on the scene.
The results of those tests can vary significantly. Many people don't realize that this is a vital part of our investigation, and it should not be left to guesswork. You must have any field sobriety tests assessed by an experienced DUI lawyer.
Although there are a number of various tests that are administered as field sobriety tests, there are only three that are considered “standard”:
The horizontal Gaze Nystagmus (HGN) is a medical term indicating an involuntary jerking movement of the eyes.
The officer will have you follow a moving object, such as a finger or a pen, to see if your eyes follow smoothly or if there is an increase in movement of the eyeballs due to the influence of drugs or alcohol.
Nystagmus is a natural process even when sober – but eye movements are often exaggerated when under the influence. It should be noted many other factors could cause nystagmus, such as consuming caffeine or even fatigue.
Walk-and-turn: The officer will have you take 9 steps heel-to-toe and then turn around and walk back in the same fashion. During this procedure, the officer will look for a lack of balance. The goal is to test whether you can divide your attention between listening to instructions and performing the test.
Police will judge your performance based on your ability to follow instructions and maintain your balance during instructions.
One-legged stand – The officer will have you hold one foot off the ground and hold it to see if you can maintain balance smoothly.
Police will probably ask you to count out loud to see how well you gauge time. They are looking for signs of impairment, such as swaying, using arms to keep balance, or putting food on the ground.
Even though these tests are considered “standard,” they are flawed in that they are subjective. A police officer's opinion can be swayed, and it is possible that the tests were not conducted exactly per protocol.
Additionally, you should know that these tests are not mandatory, and you do not have to submit them per California law. It's possible to pass DUI field sobriety tests, but it will depend on many factors. There is no penalty for refusing a PAS breath test unless you are under 21 or on probation for a prior DUI conviction.
Notably, under the California and United States Constitutions, DUI checkpoints are legal and have been confirmed and validated by numerous court cases as long as they meet specific standards.
Failing to Complete Field Sobriety Tests
Police will use a failure to complete these flown sobriety tests as a sign of alcohol or drug consumption.
Clearly, all these tests are subjective in the eyes of the police officer. Their arrest report will be written in a manner to makes it sound like you were driving under the influence. Police are typically looking for a reason to fail your performance on the FST's.
There are events during performing field sobriety tests that will impact your ability to complete them.
For example, they are often performed at night when the weather may be cold and you could be tired. Also, the tests are performed on uneven ground or on loose rocks. Also, you may be wearing shoes that make it difficult to perform the tests.
Not all of these field sobriety tests are 100% accurate, and the conditions under which they were administered could be challenged in court.
An experienced criminal defense lawyer could attack the method in which the tests were administered. In many DUI cases, police will testify the driver failed some of the tests, but not all of them.
Next Steps in Your Defense
Even if you have submitted to a field sobriety test, this doesn't necessarily mean the results of the test can be used against you in court.
Contact us at Cron, Israels & Stark and have an experienced DUI lawyer review the facts of your case, including any administered field sobriety tests.
These tests can be challenged, as can the fact that the officer must have had “reasonable suspicion” as to why they pulled you over in the first place.
We have extensive experience and know how to defend you effectively. If you have been arrested for drunk driving based on a field sobriety test, give us a call to review the details.
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