Field Sobriety Tests
You’ve been pulled over on suspicion of DUI in San Diego. The officer asks you to perform a few simple tests in order to gather evidence of your intoxication. What are these tests, anyway? Are you required to undergo field sobriety testing? Here’s what you need to know about San Diego field sobriety tests.
The term “field sobriety testing” is applied to any non-blood alcohol content-related test performed by an officer to determine whether you are a drunk driver. In the past, these tests varied wildly and had no standardization or formal training whatsoever. Nowadays, the National Highway Traffic Safety Administration (NTHSA) recommends a battery of three field sobriety tests , including the one-leg stand, in which you are asked to stand one leg while performing another test such as saying your ABCs or reciting the pledge of allegiance; horizontal gaze nystagmus, which assesses you for your ability to effectively track objects with your gaze; and walk-and-turn, which tests your balance by requesting that you walk toe-to-toe.
Each of these San Diego field sobriety tests is designed to help the officer determine that you are under the influence. Unfortunately, failing these tests doesn’t necessarily mean you’re drunk – in fact, it might point to fatigue, sickness, disability, or just plain nervousness at being pulled over. In addition, lack of training and inconsistent demands mean that the scientific worth of field sobriety tests just can’t be upheld in court. Hence, it is recommended that you don’t perform these tests at all. If you feel you must, make sure to find a San Diego DUI attorney who can work to get these results thrown out of evidence.
Any San Diego drunk driving defense attorney worth his salt knows how to challenge the validity of San Diego field sobriety tests and help you retain your license. Mounting a solid DUI defense simply cannot be undertaken alone. You need a competent, aggressive, and savvy attorney on your side – someone who is willing to fight for your rights no matter what the charge. You need Stephen Brodsky, who has been fighting for his clients’ rights for over two decades. Have you been charged with a DUI? Contact Stephen Brodsky today for a free case consultation.
The term “field sobriety testing” is applied to any non-blood alcohol content-related test performed by an officer to determine whether you are a drunk driver. In the past, these tests varied wildly and had no standardization or formal training whatsoever. Nowadays, the National Highway Traffic Safety Administration (NTHSA) recommends a battery of three field sobriety tests , including the one-leg stand, in which you are asked to stand one leg while performing another test such as saying your ABCs or reciting the pledge of allegiance; horizontal gaze nystagmus, which assesses you for your ability to effectively track objects with your gaze; and walk-and-turn, which tests your balance by requesting that you walk toe-to-toe.
Each of these San Diego field sobriety tests is designed to help the officer determine that you are under the influence. Unfortunately, failing these tests doesn’t necessarily mean you’re drunk – in fact, it might point to fatigue, sickness, disability, or just plain nervousness at being pulled over. In addition, lack of training and inconsistent demands mean that the scientific worth of field sobriety tests just can’t be upheld in court. Hence, it is recommended that you don’t perform these tests at all. If you feel you must, make sure to find a San Diego DUI attorney who can work to get these results thrown out of evidence.
Any San Diego drunk driving defense attorney worth his salt knows how to challenge the validity of San Diego field sobriety tests and help you retain your license. Mounting a solid DUI defense simply cannot be undertaken alone. You need a competent, aggressive, and savvy attorney on your side – someone who is willing to fight for your rights no matter what the charge. You need Stephen Brodsky, who has been fighting for his clients’ rights for over two decades. Have you been charged with a DUI? Contact Stephen Brodsky today for a free case consultation.