It is very common for a person to get pulled over for a suspected DUI, agree to a field sobriety test, fail it, and then assume that they are out of options. They may think that the court will automatically consider them guilty and they have few options. The reality is that a breathalyzer is not the end of the road. Read on to learn how a DUI attorney can help you and then contact Chambers Law Firm at 714-760-4088 for a free initial consultation.
You Are Not Required to Take a Field Sobriety Test
There is a common myth that if you are asked to take a field sobriety test, you are required by law to do so. This is false. It is true that you are required to submit to a breathalyzer or other chemical test. If you refuse to do so, then you can be convicted of a DUI for doing so. However, field sobriety tests, such as asking you to walk a line, follow a light, etc. are not mandatory.
If police officer asks you to step out of your vehicle and perform a field sobriety test you are well within your rights to politely refuse to do so. Even if you have not had a drop of alcohol, we strongly recommend that you never take these tests. They are highly unreliable and they are designed not to prove that you are not drinking but to confirm the officer’s suspension that you were. If you have already taken one then you should contact a DUI attorney right away to help you.
The Most Common Field Sobriety Tests Used in California
If you are still not sure what field sobriety tests are, they are tests supposedly designed to show whether a driver has the attention, agility, balance, and coordination the officer would expect from a sober person.
Common types of field sobriety tests regularly given in California include the Horizontal Gaze Nystagmus Test, which involves following a light side to side with your eyes, One Leg Stand Test, which involves standing on one leg for 30 seconds or more, and the Walk and Turn Test, which involves walking nine steps and then turning around and walking nine steps back.
Despite the fact that these tests have been shown time and time again to be affected by much more than a person’s sobriety level, the National Highway Traffic Safety Administration has approved these tests for use in DUI checkpoints. The law does not agree, which is why they are not legally required and can be easily disproven in court.
If you have been arrested for a DUI, whether you agreed to a field sobriety test or not, your next call should be to an experienced DUI attorney. You can request a free case evaluation by contacting Chambers Law Firm at 714-760-4088.
