Field Sobriety Tests

When a police officer suspects a person is driving under the influence, he/she can conduct a serious of tests that challenge the driver’s mind-body coordination and his/her physical agility and ability to follow instructions. These field sobriety tests help police officers gauge the driver’s level of intoxication in order to establish probable cause for arrest.  The purpose of these tests are to divide your attention in the activities you perform to gauge level of impairment.  The officers will use this as evidence against you.  Under the Fourth Amendment to the United States Constitution you are not required to perform the FSTs. However, if arrested you must submit to a chemical test or risk loosing your license for one year.

In California, there are three main types of field sobriety tests commonly used by law enforcement officials:

• Horizontal Gaze Nystagmus Test: Driver follows an object with his/her eyes. If the driver cannot follow the object, or the eyeball jerks or twitches, then it is consider a sign of intoxication. However, Nystagmus is a medical and physiological condition that is present in some people, even if they aren’t drunk.
• Walk and Turn Test: Driver takes nine heel-to-toe steps in a straight line, turns around, and repeats the same action in the other direction.
• One Leg Stand Test: Driver stands on one foot and raises the other leg six inches off of the ground while counting out loud. If the driver loses balance, hops, wobbles, or falls, then he/she is considered too intoxicated to drive a car.

In addition to these tests, there are a variety of other tests police officers may choose to conduct in order to determine the driver’s level of intoxication, such as reciting the alphabet, touching the finger to the nose, counting backwards, counting fingers, or a balancing test. 

If you were arrested and charged with DUI after performing one or more of these tests, it’s important to contact an experienced DUI attorney immediately. At this point, most police officers have already decided to arrest you and are just looking for additional evidence to use against you in court. However, these tests are not 100% accurate at determining BAC levels, and are prone to error. There are many circumstances that could cause a person to perform poorly on a field sobriety test, such as:

• Fatigue/Exhaustion
• Illness
• Previous injuries
• Nervousness/Intimidation
• Poor weather conditions
• Poor road conditions
• Traffic distractions (i.e. headlights, honking, etc.)
• Age
• Type of footwear
• Weight
• Natural lack of coordination
• Natural lack of balance
• Pre-existing physical or mental disability
• Pre-existing health conditions

San Fernando Valley & Ventura & Santa Barbara DUI Attorneys
If you were arrested and charged with DUI after performing a field sobriety test, an experienced DUI attorney like the ones at Gutierrez Curtis Gutierrez can challenge the validity of these tests in court.  These tests are not only inaccurate, but they are also subjective and designed for failure as well. At Gutierrez Curtis Gutierrez, we are extremely experienced in this area of California DUI law, and have handled thousands of persons throughout Ventura, Van Nuys, Oxnard, and Santa Barbara charged with DUI. As former prosecutors and retired judges, we have a unique understanding of how the law works in these types of cases, and we use that advantage to help our clients achieve a successful result in court. In addition, we always meet with our clients face to face, and provide them with personalized attention and thorough representation throughout the entire legal process.

If you are in need of a dedicated and compassionate Venturaor San Fernando Valley or Santa Barbara DUI attorney, contact the law offices of Gutierrez Curtis Gutierrez for your free consultation at 888-RET-JUDGE, or 805-351-3797.