Field Sobriety Tests
Field Sobriety Tests (“FSTs”) are exercises designed to determine a person’s coordination, balance, focus and attention. When an officer stops someone for driving under the influence, he or she may be asked to submit to a series of field sobriety tests. The officer will then monitor how well the person performs on these tests, and use “failures” as evidence of driving under the influence. Field sobriety tests are voluntary, which means a person has the right to refuse to perform them.
If a person chooses to perform the field sobriety tests, they will first be asked to step outside of their motor vehicle. The police officer will then observe the person performing various exercises designed to measure agility. Based on the officer’s subjective opinion, he or she will notate if the driver passed or failed each test.
The field sobriety tests are challenging – even sober people have difficult passing each test. The stress and nervousness of having a police officer closely monitor your actions while you perform these tests along with exhaustion, poor weather conditions, and even confusing instructions can affect whether someone passes or fails. In fact, studies have concluded that FSTs are unreliable. Some states have adopted a set of 3 standardized tests: the walk and turn test, the one leg stand test, and the nystagmus test.
Walk and Turn TestThe walk and turn test evaluates an individual’s ability to follow directions, keep his or her balance, and walk in a straight line. The person is asked to take 9 heel-to-toe steps, stop, turn, and then take 9 more steps.
One Leg Stand TestAnother test designed to determine balance is the one leg stand test. For this test, test takers stand with their heels together and arms at their side. The officer will then ask them to raise one leg 6 inches up from the ground and count out loud until an officer tells them to stop. A person fails this test if his or her foot touches the ground, sways, or loses balance.
Vertical/Horizontal Gaze (Nystagmus) TestThe vertical/horizontal gaze test measures a person’s eye movement. In order to determine if a person is under the influence, police officers will hold an object about a foot in front of test takers’ eyes and observe their eye movement as the officers move the object from left to right. Involuntary movements, jerks and trembling can be signs of intoxication.
Southern California DUI Defense Attorneys
If you have been arrested for a DUI, it is critical to hire an experienced DUI defense attorney at once. A Los Angles DUI attorney can protect your rights, inform you of your legal options, and investigate the conditions of your arrest, and question law enforcement and witnesses. A skilled attorney can provide the resources and aggressive defense you will need to successfully fight your DUI charges.
The Chahine Law Firm can help you aggressively fight your Southern California DUI charge. The attorneys at The Chahine Law Firm have the education, training, and experience to defend your drunk driving case. The attorneys at The Chahine Law Firm can also help you schedule your hearing with the DMV and represent you at the hearing. Remember, you only have 10 days to prevent your license from being suspended. When you work with the DUI attorneys at The Chahine Law Firm, you can be assured that you are retaining the services of knowledgeable and trustworthy DUI defense lawyers.
To learn how we can help, please contact The Chahine Law Firm at 1-800-950-7755 for a free consultation.