Taking a field sobriety test will rarely help your case.
If you see flashing lights in your rearview mirror after you have had a few drinks, panic may set in as you wonder if you will be charged with a DUI. By the time the officer reaches your door, you might be in full meltdown mode. It may be hard to think rationally and realize that you are perfectly fine to drive, or to remember that you have rights in this situation — let alone to calmly and politely assert those rights. Yet remaining calm and asserting your rights is exactly what you need to do in order to increase your chances of not being charged with a DUI.
In many DUI stops, the police will ask the driver to perform what is known as field sobriety tests. These are a series of standardized physical and mental tests or exercises that designed to supposedly tell an officer whether a driver is under the influence of alcohol or drugs. If a driver performs poorly on these tests or cannot follow the officer’s instructions, then — according to the police — it is a sign of impairment from drug or alcohol consumption.
There are three standard field sobriety tests that are often administered by law enforcement officers. These include the horizontal gaze nystagmus test, the walk and turn test and the one-leg stand test. The horizontal gaze nystagmus test involves asking a person to follow a stimulus with his eyes to the left and right as it moves. The officer the notes the angle at which the eye starts to exhibit “nystagmus,” or jerking. If there is an early onset, that is said to be a symptom of high blood alcohol concentration. The walk and turn test involves having a person taking nine heel to toe steps on a real or imaginary line, pivoting around and then taking nine heel to toe steps back. A loss of balance or failure to follow instructions could indicate intoxication. Finally, the one-leg stand test involves having a person stand on one leg, hold still while counting from 1001 to 1030 and look down at his foot. If the person sways, uses his arms for balance, hops or puts his foot down, that could be a sign of intoxication.
As Orange County DUI lawyers, we know that many people would have trouble passing these tests while 100% sober. We also know that there is absolutely no legal penalty under California law for refusing to take these tests. The police generally only administer these tests if they already suspect that you are driving under the influence. They are designed to gather further evidence against you. Taking a field sobriety test will rarely — if ever — help your case. In most situations, it will provide the police with additional proof that you were intoxicated, and make it more difficult for your Orange County DUI lawyer to defend against your DUI charge.
That is why it is often recommended that you politely refuse to take field sobriety tests.
If you have been charged with a DUI, an exerptinced Orange County DUI lawyer can help you achieve the best possible outcome. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
