Get the Facts About Field Sobriety Tests and How Reliable They Are – Or Aren’t

Get the Facts About Field Sobriety Tests and How Reliable They Are – Or Aren't

Also known as field sobriety tests, FSTs are a part of many DUI cases in California. Many people do not realize that these tests are entirely voluntary. Why don’t they know that? Because the officer is not required to inform you of this fact. They often give FSTs after giving the impression that it is required. There are many problems with these tests and if your DUI arrest is charged entirely on them, then you should talk to a DUI attorney right away to find out how you can have this evidence thrown out.

There Are Only Three FSTs that are Standardized and Validated

In the late ‘70s, the NHTSA completed several studies to find out which FSTs actually worked. Many that were in place were found to be completely ineffective. Today there are only three that are standardized to be used during a DUI stop:

  • The horizontal gaze nystagmus
  • One leg stand
  • Walk and turn

However, these are not always admissible as evidence in criminal cases.

FSTs Are Only Meaningful if They Are Administrated Correctly

The truth about FSTs is that they can be effective – but only if they are administered perfectly. This would involve the involved officers always using the exact same method in each test, and looking for the same cues no matter who the alleged drunk driver was. Note that when we talk about a test being “validated,” this means that the NHTSA has found there to be a correlation between a person’s performance on a test (when perfectly administered) and their influence of alcohol.

Police Make Mistakes and You Should Not Be the One to Suffer

The issue with these tests is that they are only accurate when used 100% accurately and consistently from one person to another. Because there is no way to ensure that an officer charging you with a DUI based on these tests did in fact administer them correctly, there is always the chance that they made a mistake. California and federal law requires that you be found “guilty beyond a reasonable doubt.” This type of test is always in doubt.

There Are Other Factors That Can Affect How You Perform on These Tests

Even if the police officer does the test completely correctly, there are still many factors that can have an impact on how well you perform on these tests. For example, if you have been recently injured, if you have balance issues, if you are older, if you have new footwear on, or if the conditions are less than ideal, you could fail these tests when completely sober.

You can see how important it is to have the right criminal defense attorney on your side if you are facing a DUI, whether you failed a FST or not. Contact Chambers Law Firm at 714-760-4088 now for a free legal consultation.

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