You A re Not Required to Perform Field Sobriety Tests
Picture this: you’re driving home from a friend’s house, where you had a cocktail while relaxing after dinner. Suddenly, you see flashing lights in your rearview mirror, and the next thing you know, a police officer is asking you to step out of your car and perform field sobriety tests. What should you do?
First, you should know that you have the right to refuse to take field sobriety tests. Under California law, you are not required to perform these tests. The police officer will likely make it seem like you don’t have a choice — this is false. Decline politely and respectfully, and say as little as possible.
However, if you do decide to comply with this request (which will probably be phrased as a command), you should know what to expect with field sobriety tests (FSTs). While there are differences in the type of FSTs that the police may administer, there is one standard version. It consists of three separate tests that are used to gauge if a driver is intoxicated or impaired by drugs or alcohol. These tests include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand test. All of these tests are admissible in court, so think carefully before you consent to performing them — remembering that you are not required to do so under the law.
The horizontal gaze nystagmus test looks to see if your eyes involuntarily jerk when you are asked to look side to side. It is often done by asking a person to follow the officer’s finger or a flashlight with their eyes. A sober person’s eyes may jerk (known as nystagmus) when their eyes are at high peripheral angles — looking up and way to the side. But a person who is intoxicated will display this symptom at less severe angles. The officer will look for three separate signals in each eye — an inability to follow a moving object smoothly, distinct and sustained jerking, and if the jerking starts before 45 degrees of center. There is a scientific basis for this test, which shows that these symptoms are likely to appear if a person is intoxicated. There are other reasons why a person might fail this test, such as taking certain prescription medications.
The walk-and-turn test is relatively simple. The officer instructs the driver to take nine steps heel-to-toe, while walking a straight line. After the nine steps, the driver must turn on one foot and perform the same steps while walking back. If the driver can’t keep his or her balance, makes a bad turn, does not take the right number of steps, uses arms to balance or does a number of other things, it may be a sign that a person is too impaired to drive.
Finally, the one-leg stand test involves having the driver stand with one foot about 6 inches off the group and count aloud for thirty seconds. If the person sways, hopes, puts his or her foot down, or uses his or her arms to balance, that could be a sign that the person is intoxicated.
These tests can be failed by a sober person for any number of reasons, including having a medical condition. Remember that you have the right to refuse to take field sobriety tests. A DUI lawyer in Tustin, CA would likely advise you to exercise that right. The tests can be used against you in court as fairly solid evidence that you were driving under the influence.
If you have been charged with a DUI, you will need the help of a skilled DUI lawyer. In Tustin, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com. We will aggressively defend you against DUI charges, and will present every possible defense, including that the results of the field sobriety tests were skewed by an illness, injury, condition or medication. Initial consultations are always free!
