Los Angeles Field Sobriety Test Lawyers
Field Sobriety Tests - FST's
There's one reason police officers use field sobriety tests: to build a Los Angeles DUI case against you. A police officer may use field sobriety tests after a routine traffic stop to determine if they have "probable cause" to arrest you for driving under the influence of alcohol or drugs.
DUI Tests and Your Rights
You have the right to refuse to perform field sobriety tests. And you can state that you wish to consult with an attorney first. But the police do not have to inform you of these rights. Whether you choose to go ahead with the tests or not is your choice. Seldom does it make sense to take these FST's if you know you've had too much to drink. Do not say something incriminating like: "I'm too drunk to do these tests" or "I couldn't even do these tests if I were sober." Statements like these will be used against you in court. Instead, politely refuse to do these balance and coordination tests. But since the penalties for refusing a chemical test are so severe, you should take the chemical (breath or blood) test, even if you feel intoxicated.
Some people opt not to take the tests because they are difficult to perform even under ideal circumstances. Factor in that at nighttime it is dark, you're under a considerable amount of stress, and you may have some alcohol in your system, and these tests become much more challenging.
The Three "Approved" Field Sobriety Tests
In California, three different tests are most commonly used. These "approved" FST's are all standardized by the National Highway Transportation Safety Administration. They are the one-leg stand, the "walk and turn," and the "horizontal gaze nystagmus test." Each test is supposed to evaluate whether you possess the necessary mental and physical multi-tasking skills to drive. Therefore, they are not just testing your coordination, but your ability to pay attention and follow rules.
These tests are purposefully difficult. Remember that they're just available for the police to build a better case against you. For example, take the one-leg stand. The officer explains that the driver must raise one foot six inches from the ground while pointing his toe. While doing this, the driver keeps his arms at his side. Then the driver has to stand there while counting to 30.
The officer observes the whole time, writing things down, cars whizzing by, the seconds ticking away slowly. Any trip up—such as raising an arm, jumping a bit, swaying, etc.-is considered a sign of intoxication, and the officer makes a subjective conclusion that the driver failed the test.
However, many federal guidelines must be adhered to for the test to be reliable in court. With a strong Los Angeles DUI lawyer, you can fight against potentially faulty tests that have resulted in your arrest. We know the "clues" the officers look for in these tests. Do not let yourself be wrongfully convicted of a DUI. Call us for a free Los Angeles DUI lawyer consultation.
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- Field Sobriety Tests – FST's
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- Dexterity - Field Sobriety Tests
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