CALIFORNIA CRIMINAL LAWYERS

Can I Refuse to Take the Field Sobriety Tests?

Implied Consent Laws Every Driver Should Be Aware Of

Under the implied consent laws of each state, all licensed drivers are required to undergo a chemical test that determines the presence of drugs or alcohol in their system. If you’re suspected of driving under the influence (DUI), you must comply with the chemical test that determines your blood alcohol content. Inaccuracy is typical with breathalyzer tests because the handheld machines need to be calibrated every six months. One breath test may not be enough evidence to convict someone of DUI. When you’re arrested, the officer will inform you of the consequences of declining the test.

Why Seek The Assistance Of A Criminal Defense Attorney?

If you’ve been arrested for DUI, it’s advisable to seek assistance from a criminal defense attorney immediately. Never admit that you have taken any alcoholic beverage, or talk to the police. It’s the responsibility of the prosecutor to provide convincing evidence to the judge or jury that you are guilty.

Probable Cause Is A Must

Each state has specific laws that require law enforcement officers to have sufficient knowledge that the individual was in physical control of the vehicle while under the influence of either drugs or alcohol. This means you may be charged with DUI regardless of whether the car was moving or not. Law enforcement officers must have probable cause to pull anyone over for drunk driving suspicion. Just weaving without crossing the road’s lines is not enough to validate probable cause.

Field Sobriety Tests

After the officer stops the vehicle, they will request the driver to participate in several field sobriety tests. The tests include:

One Leg Stand

The officer will instruct the suspect to stand on one leg for a specific duration of time. The foot of the suspect must be six inches off the ground while the other foot is parallel to the ground with the toes pointing forward. The officer will then observe the suspect’s balance and coordination. Certain conditions such as bad weather or poor lighting, among others, could significantly impact the test’s results making them less reliable.

Walk and Turn

During the test, the suspect will be instructed to take nine steps in a heel to toe fashion while walking in a straight line. Upon reaching the ninth step, they must turn around on one foot and walk back in the opposite direction. The officer will observe the suspect’s balance during the test. Notably, a person may fail the test if the surface is slippery or uneven.

Horizontal Gaze Nystagmus

The test involves the officer placing a flashlight directly in front of the suspect’s face and then waving it back and forth from each side. The officer observes the driver’s eyes for signs of involuntary jerking, which can occur when someone is under the influence of alcohol. Inner ear problems, hypertension, or suffering from glaucoma could cause someone to fail the test.

Field sobriety tests are not mandatory in most states, and most law enforcement officers won’t inform drivers that they are not required to participate in them if they’re pulled over for DUI suspicion.

When To Consult A Criminal Defense Lawyer

There are several reasons why individuals challenge the field sobriety test’s evidence. This may include the accused’s age, weight, physical condition, or disability. While there are many ways to defend against a DUI charge, an experienced criminal defense lawyer may even manage to get the case dismissed.

In conclusion, if you are arrested for DUI, it’s to stay calm and avoid instances of incriminating yourself. Seeking swift legal assistance from a criminal defense attorney can considerably impact the court ruling.