San Diego DUI Lawyer

Field Sobriety Tests in California

After a police officer observes behavior which is typical of a person who is driving under the influence, he or she will pull you over and may subject you to a number of field sobriety tests to determine whether you are intoxicated. These tests are generally used to determine your level of balance, coordination and ability to follow directions, all of which are considered to be impaired if you have been using drugs or alcohol.

If you have been pulled over, submitted to field sobriety tests, and were arrested for DUI, contact a skilled DUI attorney immediately. A skilled attorney will be able to advise you as to what you should do from this point on, to avoid accidentally incriminating yourself or otherwise adversely affecting your case.

Field sobriety tests are one of many forms of evidence that may be used in your San Diego DUI case. Something you may not be aware of is that these tests are not mandatory. You may refuse to take the test with no consequence, other than perhaps irritating the arresting officer. They are NOT mandatory after you have been pulled over for DUI.

The most commonly used California field sobriety tests include:

One leg stand – standing on one leg and holding the other about 6 inches off the ground, while counting, until the officer tells you to stop
Walk and turn – walking heel to toe in a straight line for 9 steps; turning and repeating
Nystagmus – following an object or light with your eyes (nystagmus is the physical condition of the unintentional flicking of the eyes, usually from side to side, and is considered to be a sign of intoxication)

Field Sobriety Tests and their Faults

Field sobriety tests are not necessarily a valid way of determining DUI. For instance, a person may not be able to properly carry out a field sobriety test even when he/she has had nothing to drink, simply because his/her coordination or balance is not good or because of a physical or mental condition. However, many law enforcement officers will use these tests as a basis for determining whether you will be arrested for DUI.

Arrested for DUI? Contact San Diego DUI lawyer James Dicks today!