If you’ve been stopped on suspicion of driving under the influence (DUI), you may be asked to perform a field sobriety test. Knowing your rights and understanding whether you’re required to comply can have a significant impact on your case. A knowledgeable Long Beach DUI lawyer can guide you through your legal options if you’ve been stopped or charged with DUI. Contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.
Are You Legally Required to Perform a Field Sobriety Test?
In most states, including California, you are not legally required to perform a field sobriety test (FST). These tests are voluntary, which means you can refuse to take them without immediate legal penalties. Many DUI defense attorneys, including those at Chambers Law Firm, recommend politely refusing to participate in these tests.
Law enforcement uses FSTs to determine whether a driver is under the influence of alcohol or drugs. However, the results are often unreliable, and even a sober person might fail due to factors like poor weather, uneven ground, or the type of shoes they are wearing. By refusing to take these tests, you reduce the likelihood of providing evidence that could be used against you in court. If you’re ever unsure, it’s always wise to seek advice from a Long Beach DUI lawyer.
The Common Types of Field Sobriety Tests
There are three standardized field sobriety tests approved by the National Highway Traffic Safety Administration (NHTSA). These include:
- Horizontal Gaze Nystagmus (HGN) Test: In this test, you’re asked to follow a stimulus, like the tip of a pen, with your eyes while keeping your head still. The officer looks for involuntary jerking in your eye movements, which can indicate intoxication.
- Walk-and-Turn (WAT) Test: This test requires you to walk nine heel-to-toe steps along a straight line, turn, and then return in the same manner. Officers observe your ability to follow instructions and maintain balance.
- One-Leg Stand (OLS) Test: You are asked to stand on one leg while counting out loud for a specific period of time. Failing to maintain balance or put your foot down early could be interpreted as signs of impairment.
While these tests may seem straightforward, various factors unrelated to intoxication—such as medical conditions or fatigue—can lead to poor performance. A Long Beach DUI lawyer from Chambers Law Firm can challenge the validity of these tests in court if they were used against you.
Can You Refuse a Preliminary Alcohol Screening (PAS) Test?
A Preliminary Alcohol Screening (PAS) test is a breathalyzer test administered by law enforcement before making a DUI arrest. Like field sobriety tests, you have the right to refuse this roadside breath test in most cases without facing criminal penalties. However, it’s important to note that refusing a PAS test does not mean you can avoid all forms of alcohol testing if you are arrested.
The results of a PAS test can be used as evidence in court, which is why many DUI lawyers recommend declining to take it. Keep in mind that refusal is different from declining a chemical test after being arrested, which has its own set of legal consequences.
What Happens if You Refuse a Breath or Chemical Test Post-Arrest?
Under California’s implied consent law, you are generally required to submit to a breath or chemical test after you’ve been lawfully arrested on suspicion of DUI. While you can technically refuse these tests, doing so can result in significant penalties, including:
- License suspension: Refusing a breath or blood test post-arrest typically results in an automatic suspension of your driver’s license for six to twelve months.
- Enhanced penalties: If convicted of DUI, refusing to take a post-arrest test can lead to more severe penalties, such as extended jail time or higher fines.
Refusing a chemical test can also be used against you in court, potentially as evidence of guilt. A Long Beach DUI lawyer at Chambers Law Firm can explain your rights and help you navigate the complexities of implied consent laws if you’ve been arrested for DUI.
Contact A Long Beach DUI Lawyer for Help
If you’ve been charged with DUI, understanding your rights and knowing how to respond to field sobriety tests is crucial. At Chambers Law Firm, we’re dedicated to protecting your rights and fighting for the best possible outcome in your case. Call 714-760-4088 today to schedule a consultation with a Long Beach DUI lawyer who can help you take the next steps.
