Los Angeles Drunk Driving Defense Lawyers
Dexterity - Field Sobriety Tests
One way police officers attempt to compile evidence against a driver suspected of being under the influence is through dexterity tests, a form of field sobriety tests. The National Highway Transportation Safety Administration does not recognize these tests. You have the right to decline to participate in any field sobriety test, and though the police will not tell you, you also have the right to consult with an attorney before deciding whether you should participate in these tests.
Finger Dexterity Tests
This is a popular test that unfortunately allows the police officer a great deal of subjective wiggle room in determining whether the driver is intoxicated. In this test, the driver is asked to pick a hand and then touch the tip of each of their fingers on that hand to the tip of his or her thumb. Simultaneously, the driver must count aloud (1, 2, 3, 4) and then repeat the process backwards.
In such nerve rattling circumstances as these, it's no wonder that many people who aren't intoxicated fail this test. Additionally, the officer will subjectively scrutinize your performance and find flaws. This test is designed to divide the mind—motor skills and following directions simultaneously—and it is much easier to fail than one would think.
Other FST's
There are other tests not recognized by the NHTSA. They include touching the tip of your nose with your finger and the Rhomberg stationary balance test, where the driver stands with his feet together and looks up while keeping his eyes closed and arms at their side. There are not standardized methods of administration like there are for the other "standardized" field sobriety tests for impairment. While they appear to be accurate, they often don't stand up in court and are frequently not recognized by the scientific community as valid. The only three standardized field sobriety tests are the one leg stand, the walk and turn, and the horizontal gaze nystagmus test.
However, even these field sobriety tests are often less reliable than breath or blood test for analyzing blood alcohol content. And none of those chemical are accurate 100 percent accurate all of the time. Whether or not you agree to take these tests, obtaining a very experienced Los Angeles DUI lawyer, early in the process, is the best way to minimize the damage of a drunk driving arrest.
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- Field Sobriety Tests – FST’s
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- Cognitive Tests
- Dexterity - Field Sobriety Tests
- Preliminary Breath Testing
