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California Field Sobriety Tests

 

Many drivers who have been stopped late at night by the police - whether at a DUI checkpoint or elsewhere on the road - are familiar with the tests called field sobriety tests which are administered whether drivers have been drinking that evening or not. What people may not know is that these tests are not always accurate and can lead to false DUI arrests. An experienced drunk driving attorney ready to fight for their client's innocence can use this knowledge to help prevent a DUI conviction.

 

 

What are the Most Common Field Sobriety Tests?

 

 

  • Horizontal Gaze Nystagmus Test

 

This test requires the reciptient to visually follow an object, such as a pen. The officer then observes eye reaction and looks for involuntary ocular movement. While generally considered more accurate than other field sobriety tests, the accuracy of this test has been criticized and challenged by the medical and legal community in the two decades police have used it.

 

  • Physical Exercises

 

The most common physical exercises are a one-leg stand or walking heel-to-toe in a straight line.  These tests can be challenged since they can be difficult to accomplish for older people and those with disabilities such as back or joint pain.

 

  • Breath Testing


The use of breathlyzer devices began in the 1930s and has remained controversial ever since. Readings from breathalyzer devices are notoriously inaccurate for reasons which include improper calibration, poor skill level by the police officer, and rising BAC (also known as retrograde extrapolation),

 

  • Reciting Numbers or Letters.

 

Typically, police will ask a driver to count backwards from 30 or 100. Contrary to popular belief, police don't ask drivers to recite letters backwards, since they recognize that it's difficult even for sober individuals to do this!

 

  • Counting how many fingers a police officer raises

 

  • The Romberg Test

 

This test is named for a 19th century German neurologist. It focuses on modifying one's point of attention and is one method that police use to determine whether a driver's internal clock is delayed. Typically, people who take these tests are asked to stand with their feet together, hands at their sides and wait 30 seconds. According to one study, these tests can be inaccurate eight out of ten times.

 

 

  • Touching the top of the nose with the tip of the index finger

 

  • Touching the thumb to each finger on a hand

 

  • Hand pat, wherein a driver is asked to extend their palms, one facing up and one facing down and police pat them together.

 

 

Are Field Sobriety Tests Accurate?

 

The simple answer is "NO". One in four innocent drivers in California may fail field sobriety tests. There are many reasons the tests are not always easy for people with BAC (Blood Alcohol Contents) within the legal limits. Senior citizens cannot be accurately assessed with the physical tests, nor can people with injuries, certain medical or mental conditions, or those who are 50 pounds or more overweight. Breathalyzer machines can also be improperly calibrated or maintained.

 

Right To Refuse Field Sobriety Test

 

Every driver in California has the right to refuse a field sobriety test, though exercising this right may lead to being taken into police custody. Anyone who believes an inaccurate test led to a false DUI arrest or criminal charges should contact a DUI lawyer today to fight for their rights.

 

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