Los Angeles DUI Defense Attorneys
Cognitive or Mental Impairment Tests
So-called "cognitive" or mental impairment tests to determine whether a driver has been drinking are not standardized and are not a good indicator of driving under the influence of alcohol. There are only three standardized field sobriety tests in Los Angeles: the one leg stand, the walk and turn, and the horizontal gaze nystagmus test. However, even these are not completely accurate measures.
Many drivers opt not to take any field sobriety tests, as is their right in the state of California. Drivers also have the right to decline taking a breath or blood, but this decision is not advisable and can result in severe penalties. You do have the right to have a Los Angeles DUI Lawyer present for these tests and can request to call a lawyer before they are administered. But you do not have the right to consult with a DUI lawyer before deciding which chemical test to choose.
Counting Tests
Though not proven to be effective, many police officers use counting tests. One example is rapidly flashing their fingers and asking the driver how many fingers he sees. Since the police officer is controlling the means of the test, obviously they have an advantage.
Another common test is asking the driver to count backwards, starting from a certain number. As with most field sobriety tests, police officers are looking for more than one indicator of mental impairment. They are looking to see if the driver can remember directions and to see if the driver’s speech is slurred.
These tests are not as easy as they seem, but become particularly difficult in a situation where you are extremely nervous and could be facing serious criminal charges. Additionally, they’re not very good indicators of whether your blood alcohol level is beyond the legal limit, which in California is .08% blood alcohol for driving under the influence or DUI.
Alphabet Tests
Another popular test is demanding that the driver recite the alphabet or a portion of the alphabet. The police officer will mark down any error made by the driver, including pauses for a few seconds or saying a letter slowly.
With any of these field sobriety examinations, the police officer is looking to compile evidence against the driver, which will probably also include a blood alcohol test and physical observations. However, mistakes and inaccuracies are possible in all of these cases. You need someone looking out for your rights and someone who understands the complex web of California DUI laws. Make sure to minimize the damage of your DUI arrest and hire an experienced Los Angeles DUI lawyer.
DUI Resource Center
- DUI Defense FAQs
- Boating Under the Influence
- DUI Accidents and Who Pays
- Incorrect Arrest Procedure
- DUI and Loss of Income
- DUI and Loss of Transportation
- Multiple DUI Offenses
- Vehicular Manslaughter
- DUI Fines
- DUI Sentencing
- DUI and Loss of License
- California DUI DMV Hearings
- What Police Look for in a DUI Case
- After a DUI Arrest
- DUI Traffic Stops
- Police Mistakes in DUI Arrests
- DUI Accidents
- DUI Fatalities
- Blood Alcohol Concentration
- Breathalyzers
- Field Sobriety Tests – FST’s
- Blood Tests
- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
