A number of conditions can impact your ability to successfully perform a field sobriety test. Learn more about why a Riverside DUI lawyer advises against taking these tests.
After you are stopped on suspicion of DUI in California, a police officer may ask you to perform what is known as a field sobriety test. These “tests” involve a number of things designed to test a person’s motor skills, balance and coordination, under the theory that if a person cannot do them, he or she maybe intoxicated. The tests often include:
- Asking a person to stand on one leg (One-Leg Stand Test)
- Having a person walk a straight line, turn and walk back (Walk and Turn Test)
- Asking a person to touch their nose with their finger (Finger to Nose Test)
- Having a person to follow a light from a penlight as it moves (Horizontal Gaze Nystagmus Test)
However, field sobriety tests are notoriously unreliable — and can lead an officer to believe that a person is intoxicated even if they are perfectly sober! A person can fail a field sobriety test for any number of reasons, as discussed below.
Physical Disability
Many Americans have physical disabilities, including health issues that are not readily apparent. These “invisible disabilities” can cause someone to perform poorly on a field sobriety test, even if they are sober. If a person has knee or back issues, for example, they may not be able to stand on one leg or walk in a straight line in any situation. Other conditions, such as Parkinson’s Disease, an inner ear disease or Multiple Sclerosis, could cause balance and coordination issues that could result in a false positive field sobriety test. If a person is older or overweight, they may also be unable to successfully perform a field sobriety test.
Anxiety
If you have been pulled over on suspicion of DUI, the chances are good that you’ll be very nervous. After all, the consequences for a DUI are severe — including spending the night in jail! It is natural to be anxious about being stopped for a DUI. That nervousness and stress can translate into problems concentrating, which can make it extremely difficult to complete the tasks of a field sobriety test.
Exhaustion
If a person is overly tired, he or she may show some of the same signs of intoxication — but it is not illegal to drive when exhausted! If you are pulled over on suspicion of DUI and you are lacking sleep, you may exhibit poor coordination, lack or balance and trouble with motor skills. These symptoms may cause you to fail a field sobriety test, even if you are completely sober.
Bias
If a police officer has stopped a person that they believe is driving under the influence, he has likely already made up his mind that the person is drunk. Believing that the driver is intoxicated may cause the officer to interpret the field sobriety tests in a way that supports this belief — even if the driver is actually sober!
Know Your Rights!
Taking a field sobriety test is not mandatory. You have the right to refuse a field sobriety test. The test is unlikely to help you, but it can be used against you. That’s why experienced Riverside DUI lawyers advise against submitting to a field sobriety test.
If you have been arrested for a DUI, don’t hesitate to call the Chambers Law Firm at 714-760-4088 or email us at dchambers@clfca.com. We are skilled at handling DUIs in Riverside and throughout Southern California, and can mount a vigorous defense on your behalf. Contact us today to schedule a free initial consultation!
