Field Sobriety Test for DUI

Field sobriety tests (FSTs) are critical in California DUI investigations. Some are standardized tests conducted by the police to test a driver’s cognitive and physical abilities when they are suspected of driving while intoxicated. Their purpose is to determine a driver’s level of impairment and whether the driver can safely operate a vehicle while high on drugs or alcohol. The outcome of the test is used together with other evidence to obtain a DUI conviction against drivers who operate vehicles while under the influence of alcohol or drugs. A field sobriety test result can also provide the police with probable cause to make a DUI arrest.

Drivers must know what to expect when it comes to field sobriety tests. Our competent attorneys at the Law Office of Anna R. Yum can also help you understand your rights and what to do before or after a field sobriety test in San Diego.

An Overview of Field Sobriety Tests

These are tests conducted by police when they suspect a driver of operating a vehicle while intoxicated. They are standardized tests that assess a driver’s ability to drive safely. They test the driver’s physical, cognitive, and coordination abilities. Law enforcement officers use these tests to establish probable cause to make a DUI arrest. Positive results from these tests can also serve as evidence during the trial for a DUI case.

When you commit a traffic infraction or are stopped by the police for another reason, including a routine check at a legal DUI checkpoint, they can investigate you for DUI if they suspect you of driving under the influence. The police start by questioning you and observing your reactions and body movements for signs of intoxication. An officer can ask for your license and registration or inquire about your recent whereabouts. If you show signs of intoxication, the officer can ask you to step outside your car for further investigation.

At this point, the police can conduct some field sobriety tests to determine whether you have been physically or cognitively impaired by alcohol or drugs. They conduct these tests by the roadside. An officer will ask you to perform one, a few, or several tests to determine your level of impairment. If you perform poorly in some of these tests, the officer can arrest and charge you for DUI. They can conduct further tests before or after your arrest, like a chemical test to determine your blood-alcohol concentration level. This can lead to a DUI arrest.

FSTs are generally standardized for accuracy and consistency in testing a driver’s level of impairment. Officers who conduct these tests have been trained to follow a particular procedure and use standardized score systems to provide reliable results. Please note that these test results can be used as evidence in a DUI case. Standardization eliminates subjectivity and bias in the tests, making the outcomes more credible, objective, and admissible in court.

Common Types of Field Sobriety Tests in California

FSTs are mainly used in DUI investigations across California. They are designed by the NHTSA for use by law enforcement agencies within the state. The common ones include the following:

The Horizontal Gaze Nystagmus

This test is designed to test a driver’s eye movement. An officer provides a stimulus, like a flashlight or pen, and moves it from one side to the other, expecting the driver to follow its movement with their eyes. In this test, the officer checks for the involuntary jerking of a driver’s eyes, which is more apparent when they are high on some drugs or alcohol.

Walk-and-Turn Test

In this test, an officer asks the driver to walk in a straight line, making toe-to-heel steps. They are required to turn after about nine steps and return to the starting point in the same way. The officer checks the driver’s ability to do as instructed, walk straight, and maintain balance. Failing in this test means that the driver’s physical and coordination skills have been impaired by alcohol or drugs.

One-Leg-Stand

An officer can ask you to stand on your left or right leg to test how easily you follow instructions. This also tests your coordination and balance as you switch from one leg to the other and vice versa. You could be required to stay in a standing position for a few seconds as you count the time.

Finger-to-Nose

The officer can also ask you to close your eyes and touch your nose with either your right or left hand finger. Alternating your hands as you do so tests your coordination and how you follow instructions, which are easily impaired by intoxication. The accuracy with which you perform these tests is also critical.

The Rhomberg Balance

The police use this test to evaluate how a driver’s internal clock functions. They ask you to tilt your head slightly back, with your feet together and with your eyes shut. The officer will ask you to remain in that position until you imagine that a particular number of seconds has passed, for example, thirty. If you believe the required seconds have passed while you are in that position, you can open your eyes and relax.

In addition to evaluating how well you can estimate a few seconds, the officer will watch out for some physical indications of impairment, including leg or eyelid tremors.

Officers know that several other factors, other than alcohol or drugs, can impair your balance, coordination, accuracy, and ability to do as instructed. Thus, these tests are not the only evidence the police need to charge you with DUI. You could undergo further testing, including blood or breath tests, to determine the level of alcohol in your blood and the exact drugs you have consumed.

The Legality of Field Sobriety Tests

The procedures for conducting field sobriety tests are based on law enforcement training and National Highway Traffic Safety Administration (NHTSA) standards. Thus, officers who perform these tests are empowered by the law. However, they must consider testing a driver if they suspect them of driving under the influence. Officers must also follow the guidelines provided by law to avoid infringing on the rights of drivers. Although drivers are required to comply with DUI investigations, the law does not compel them to submit to field sobriety tests. Thus, the police cannot force a driver to take the tests or take action against them for refusing to submit.

An officer can request that a driver step out of their vehicle and perform a few roadside tests to determine their sobriety. If they fail to submit, the officer can still arrest them for DUI if there is more evidence that they are driving under the influence. For example, if you were driving erratically or ran a red light, an officer can be compelled to investigate you for DUI. Suppose there are other indications of intoxication, such as lack of coordination when retrieving your driver’s license or slurred speech when responding to the officer’s questions. In that case, you can be arrested and charged with DUI even without performing field sobriety tests.

There is an implied consent law that drivers must understand to protect their rights and avoid legal problems during DUI investigations. Implied consent means that a driver implicitly consents to chemical tests after an arrest. This means you must comply with an officer’s request for a breath, urine, or blood test if you have been arrested and charged with DUI. However, this law does not apply before the arrest, meaning that your refusal to take field sobriety tests will not result in criminal charges. However, it can complicate matters for you after your arrest. For example, an officer will not offer leniency, even if you deserve it or ask for it.

The Process of Administering Field Sobriety Tests

Although poor performance in FSTs is not an absolute indication of a DUI, officers must ensure that the test results are reliable and accurate as per the standards set by the NHTSA. Thus, officers administering these tests must be adequately trained and certified. Their training should focus on test administration, recognizing signs of intoxication and impairment, and administration of standardized procedures. When such tests are standardized across the state, consistency is maintained in the results. This makes them credible and admissible in criminal trials.

During the administration of FSTs, a law enforcement officer must follow specified procedures. Proper administration of these tests is critical, as it is intended to gather credible evidence against the driver and to safeguard their rights. Thus, officers must provide instructions first and ensure the driver understands what is required of them. The driver’s performance should be evaluated based on how well they follow instructions and their overall performance. For example, when an officer conducts an HGN test, they will observe how well the driver follows the stimulus. The involuntary jerking of the driver’s eyes, called nystagmus, indicates impairment.

Remember that these tests are not the absolute proof of impairment. Thus, a poor performance does not necessarily mean that the driver is impaired by alcohol or drugs. Other factors can contribute to a driver’s performance in these tests. For example, the age or physical condition of a driver can determine how well they perform in a field sobriety test. Young and physically fit drivers can perform better than older, less fit drivers, especially in tests such as the walk-and-turn or one-leg-stand tests.

Additionally, a driver can perform poorly if they are sick, fatigued, or nervous. An encounter with a law enforcement officer alone is enough to make a driver nervous or stressed out. If an officer does not allow the driver to relax before administering the tests, they can perform poorly even if they are not impaired.

Additionally, some drivers can perform very well in the field sobriety tests even when they are impaired. If the police were to rely only on these tests to make DUI arrests, so many drunk or drugged drivers would be let loose. That is why the police conduct comprehensive investigations to ensure they do not miss any evidence that can help during the trial. For example, you could still undergo chemical testing after field sobriety tests to determine the level of alcohol or types of drugs in your system.

Challenging FST Results in Court

After administering field sobriety tests and obtaining favorable results, law enforcement officers can use the test results as evidence in a DUI trial. The evidence is given to the prosecutor, who files charges against you in court and presents all the evidence against you to obtain a guilty verdict. If the evidence is overwhelming, the court will likely find you guilty of DUI, punishable by time in jail or prison, a hefty court fine, and a possible driver’s license suspension. Your actual penalties will depend on the details of your case and your criminal history.

Fortunately, criminal trials in California are generally conducted fairly. Defendants are also allowed to fight their charges and evidence against them to obtain a favorable outcome. Thus, if you fail a field sobriety test, you have a chance of fighting your DUI charges and the test results during your trial. A skilled criminal attorney can assist you in building a solid defense in your case. Here are some of the strategies they can employ to challenge the accuracy of the test results and compel the judge to dismiss your field sobriety test results:

You Were Not In Good Mental or Physical Condition to Take the Test

Law enforcement officers are more likely to obtain accurate results if they administer field sobriety tests to someone who is in good physical and mental condition. Some of the physical or mental factors that can cause a poor performance in these tests include the following:

• Age, especially if you are 60 years or older
• An illness or sickness
• You have a leg, foot, or back problem
• Your inner ear has a problem affecting your balance
• You are obese, overweight, or weigh 50 pounds more than your ideal weight
• You are in physical pain
• You feel intimidated or are nervous
• You recently sustained a brain injury
• You have a mental disability that makes coordination or following instructions difficult
• You have a physical or psychological condition that affects your ability to complete a field sobriety test

The Officer Distracted You

Your performance in a field sobriety test can also be affected by external factors, like distraction by the officer. When administering these tests, law enforcement officers are required to remain motionless and quiet to minimize distraction and allow you to complete your tests. If an officer continues to walk about or displays any other distracting behavior, it can interfere with your performance. This means that your results are tainted and inadmissible in court.

Your Attire Was Unsuitable for the Tests

You could fail a field sobriety test because of what you are wearing in the form of clothes or shoes. For example, if you are wearing dress shoes or high heels, you will likely not walk or stand as accurately as someone who is wearing flat shoes or sneakers. This does not mean that you are impaired. Too-tight shoes, boots, and pants will also affect your gait, making it almost impossible to walk in a straight line and turn. People who take these tests in gloves, beltless, or baggy pants will also not perform well, even if they are sober.

If you believe that your clothes or shoes affected your ability to maneuver or perform well in the test, you can present this defense to the court. Your attorney will demonstrate clearly how difficult it was to perform the test because of your attire.

The Timing Was Incorrect

Test standardization provides the exact time within which a driver must perform a particular test. For example, a one-leg-stand test must be performed within a specific number of seconds before the driver switches to the other leg. A test is invalid if the officer administering it does not follow the required regulations to the letter. You can use this defense if the officer did not provide the right timing for every test you took.

Your attorney can argue that the officer did not time the tests using a watch as they should. They can also say that the start or end times of the tests were incorrect. If this is true, the court will dismiss the test results.

The Environmental Conditions Were Unfavorable

Poor performance in FSTs can also be affected by unfavorable weather conditions. These tests must be conducted under specific environmental conditions. If the conditions are adverse, the results will likely not be accurate. For example, if the weather is inclement, whether too hot or too cold, it can impact your performance in the test. If the area is poorly lit, especially at night when performing the test, you may perform poorly since you cannot see the ground you are walking on. An uneven sidewalk or road, or distracting traffic lights, are other environmental factors that affect the accuracy of these tests.

Your skilled attorney can explain to the court the conditions you had to deal with while performing the tests to compel it to dismiss the test results.

You Were Not Impaired

If the police conclude that your reason for failing the test was due to impairment, you can fight those results with compelling evidence. Remember that other factors can affect your coordination, not just drugs or alcohol. For example, if you are on epileptic medication, are fatigued, or did not have enough sleep, your coordination can be impacted. Your attorney can also argue that you were exhausted, dehydrated, had a strained or pulled muscle, or had just performed an intensive workout.

If this argument convinces the court, your test results will be inadmissible in the trial.

Consequences of Refusing to Take Field Sobriety Tests

FSTs are preliminary evaluations conducted during a DUI investigation before an arrest. The police request you to perform a few tests to determine if you are impaired by alcohol or drugs. However, these tests are not mandatory. You will not face legal charges for refusing to undergo the testing. If you do not want to take the test, decline the officer’s request politely. You do not have to be aggressive about it, because any behavior you exhibit after the police stop can be used against you in court. For example, if you are assertive, the prosecutor can use it to prove the effects of drug or alcohol use and why it was wrong for you to operate a vehicle in that condition.

Additionally, a successful performance at field sobriety tests does not protect you from a DUI arrest. Remember that this is only one of the ways law enforcement officers determine a driver’s impairment. If the police have other evidence against you, they can still make an arrest even if you perform well in the field sobriety tests. In most cases, the police ask motorists to perform field sobriety tests when they already suspect them of DUI.

Once an officer makes a DUI arrest, it will be unlawful to decline any tests you are asked to undergo for further DUI investigation. The officer can ask you to provide a breath sample to determine your BAC level, or a blood test to determine the level of alcohol or the type of drugs in your system. A urine test can be required in the absence of breath and blood tests. Remember that under the implied consent law, you can face charges for declining to undergo chemical testing after a DUI arrest. The only time you can refuse to take a test is before you are arrested.

Find a Skilled DUI Attorney Near Me

FSTs are an integral part of a DUI investigation in San Diego. Some drivers are asked to perform a few tests by the roadside after a traffic stop if the law enforcement officers suspect them of DUI. The tests determine impairment by assessing your coordination, balance, and ability to follow instructions. It is helpful to understand everything about field sobriety tests to prepare yourself for what to expect after a poor performance or declining to take the test.

At the Law Office of Anna R. Yum, we can help you understand your legal situation better, your options, and even develop a solid defense against your implicating test results. Call us at 619-493-3461 to learn more about these tests, your rights, and how we can help you.