Understanding the Facts & Impacts of Field Sobriety Tests in CA
The field sobriety tests employed by police include Three Standardized Field Sobriety Tests (SFSTs) and several non-standardized tests. They use these tests during investigations involving possible DUI offenses. The three tests are administered systematically and are evaluated according to the suspect's responses.
Three most common field sobriety tests in California are:
- One-leg stand: You are told to stand on one leg for a duration, possibly a minute or more, and to do so with as little wobbling or balance issues as possible.
- Walk the line: You are told to walk a straight line drawn on the ground without using your arms for balance, turn around on your heel, and do it again.
- Horizontal Gaze Nystagmus test: The officer will tell you to follow the tip of their pen or finger with just your pupils; you are not permitted to turn your neck.
The SFSTs were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training is available through NHTSA to help law enforcement officers become more skilled at detecting DUI suspects, describing the behavior of these suspects and presenting effective testimony in court.
Some non-standardized tests include:
- Touching finger-to-nose
- Romberg or modified position of attention
- Hand pat
- Finger count
- Reciting the alphabet
SFST Flaws
Many times, the SFSTs are administered incorrectly, in an inappropriate setting, or to an inappropriate candidate. Additionally, many officers will often use prior arrest reports and write the same observations over and over for persons arrested for DUI. Officers are rarely called out by inexperienced attorneys for these issues, however, our trained DUI attorneys can make an officer look foolish if they administered these tests incorrectly or used non-standardized tests.
It is important to remember that with all of these FST's, the law enforcement officer observing the tests does not know how a person performs when they are completely sober. Thus, the lack of a baseline casts doubt on the officer's interpretation of a person's performance in field sobriety tests.
The attorneys at Wapner Jones, PC are SFST instructors and understand what is required of an officer to administer and evaluate your performance. It is vitally important that your Fresno DUI attorney has this knowledge and experience in order to rebut the officer's testimony that, based on these tests, you were under the influence and are unable to operate a motor vehicle safely.
If you have any questions about field sobriety tests, don't hesitate to speak with our DUI lawyers at Wapner Jones, PC for a free case review. Call (559) 266-8604 now!
Can I Refuse to Submit to FSTs in California?
Yes. Oftentimes, an officer assumes a driver is under the influence before ever administering FSTs but asks a person to submit to these tests to get more evidence against them for their arrest report. Thus, a DUI suspect should exercise their right to refuse to take these FSTs because they aren't required to. Performing any FSTs provides possible DUI evidence, but many police officers do not understand the FST testing criteria and may not remember them from their training, which could result in an unnecessary arrest.
After getting pulled over for suspicion of driving under the influence in California, sooner rather than later the police officer is going to tell a driver to step out of the car to perform some field sobriety tests (FST). The purpose of FSTs is primarily to determine if the officer has a reason to arrest you for a DUI. The officer will not discuss the criteria they are looking for in these tests. Also, the officer does not inform you of the number of clues necessary for the failure of the test. That's why it is common for people facing a DUI arrest to think they performed well on their FSTs, only to discover a completely different description of their performance in the officer's arrest report.
For these reason you should refuse to take any field sobriety tests.
Will I Get in Trouble for Refusing a Field Sobriety Test?
Think about the field sobriety tests mentioned above and figure out which one seems like it can be judged accurately. If you're thinking the answer is none, you are correct. A field sobriety test always relies on the officer's subjective opinion rather than objective forms of calculation or study.
In California, you can refuse to take a field sobriety test without any consequences. If you choose to refuse, you may still likely be detained and arrested for DUI. Then you may be told to take a chemical test, such as a breath or blood test. You should not refuse a chemical test after you are arrested. The Department of Motor Vehicles (DMV) will suspend your driver's license for one year for refusing a chemical test.
Arrested for DUI? Get Defense!
If you are facing a DUI in the Central Valley, including Fresno County, Kings County, Madera County and Tulare County, you must remember that you have options. Take a moment to contact our DUI attorneys at Wapner Jones, PC and schedule a free consultation to learn how we can fight for your freedom and help you navigate your DUI case.