As a criminal defense attorney with over 10 years of experience, I have seen my fair share of DUI cases. One of the key components of a DUI arrest is the standard field sobriety test, which is designed to help law enforcement determine if a person is under the influence of drugs or alcohol. More accurately, these tests are designed to collect evidence. When facing a DUI arrest, it is important to understand your rights and the consequences of participating in these tests.
There are three standard field sobriety tests that are widely used by law enforcement: the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test. The horizontal gaze nystagmus test involves an officer asking the suspect to follow an object with their eyes and look for any signs of jerking or nystagmus, which can indicate alcohol or drug impairment. The one-leg stand test requires the suspect to stand on one foot while counting out loud. The officer looks for signs of swaying, hopping, or difficulty balancing, which can indicate alcohol or drug impairment. The walk-and-turn test requires the suspect to take nine heel-to-toe steps in a straight line, then turn on one foot and take nine steps back. The officer looks for signs of inability to follow instructions, difficulty walking in a straight line, or difficulty turning as instructed, which can indicate alcohol or drug impairment.
It’s important to note that these tests are subjective and can be influenced by a variety of factors, including age, physical fitness, and nervousness. That’s why it’s crucial to have an experienced criminal defense attorney on your side who can challenge the results of these tests in court.
When facing a DUI arrest, it is actually best to refuse to participate in standard field sobriety tests. Refusing to participate in these tests can only be held against a person in court as “consciousness of guilt” but will not result in any additional charges. The best way to refuse to participate in these tests is to simply say, “I do not wish to participate in any of these tests or answer any questions.” This clear statement of your intentions will ensure that evidence from the tests cannot be used against you in court.
If you are arrested, you must submit to a chemical test under California’s Implied Consent law. Ask for the blood test.
It is also important to remember that you have the right to remain silent and to consult with an attorney before answering any questions; without an attorney around during an arrest, it is best to keep your mouth shut. Exercise these rights to protect yourself and to ensure that you receive a fair and just outcome in your case.
If you or someone you know has been charged with a DUI, I encourage you to contact my office for a free consultation. Together, we can assess the evidence in your case and develop a strong defense strategy to protect your rights and freedom.
California Field Sobriety Test