The National Highway Traffic Safety Administration developed the standardized field sobriety tests (FSTs) to help determine a person’s level of intoxication. The three most commonly administered field sobriety tests are the Horizontal Gaze Nystagmus, the One-leg-stand, and Heel-to-toe. However, law enforcement agencies often administer a variety of tests, based on their own decision at the time of the traffic stop. There are many field sobriety tests and none of them are particularly scientific.
Challenging the Evidence
In fact, the best of the tests in accuracy when measured against actual blood alcohol content (BAC) is only 77%. Many of these tests would be difficult for a sober person to accomplish. Nervousness, language problems, fear, and medical conditions or physical conditions can affect performance in these tests. Failing a field sobriety test can lead to serious DUI charges. If you were arrested and charged with DUI and had field sobriety tests administered to you at the scene, it is important to immediately contact a defense lawyer to review your situation.
You are not required under law to submit to field sobriety testing. The purpose of the test is to gather more evidence of drunkenness, and is often part of “probable cause” used by law enforcement. How the test is administered is very specific, and frequently violated. A experienced criminal defense attorney from our firm will review every aspect of the testing methods used. If failures to correctly administer the tests are found, it may be possible to prove that there was no “probable cause” to suspect DUI.
Call Today – We’re Ready to Fight for You
This can be a very confusing situation and it is important to seek advice from a legal professional who has extensive experience in defending DUI cases. Conviction on a DUI offense has severe penalties and fighting to avoid conviction is important for many individuals. Our attorneys at The Law Offices of Top Criminal Defense Law Firms, APLC are members of the National Association of Criminal Defense Lawyers and the San Diego Criminal Defense Bar Association.
Our legal team will aggressively defend clients and challenging field sobriety testing is frequently an option in fighting for a “not guilty” verdict, dismissed case or alternatives to jail time. Contact a San Diego DUI lawyer today to schedule a free initial consultation!