Challenging the California Field Sobriety Tests

There is a misconception out there that just because you fail a field sobriety test you are likely to be convicted of DUI. The field sobriety tests given by police officers have many weaknesses and with an experienced DUI defense attorney, your test results can be challenged in court.

There are three tests standardized by the National Highway Traffic Safety Administration (NHTSA), which most California police officers use when they suspect someone of drinking and driving. They are the One Leg Stand, the Walk and Turn and the Horizontal Gaze Nystagmus (HGN). Even though they are approved by the NHTSA as the most “accurate” of the field sobriety tests, each test has its own set of flaws.

For instance, since the One Leg Stand and the Walk and Turn are based on a person’s ability to keep balance, they must be performed on a hard, flat and dry surface with adequate lighting. If you were asked to perform these tests on a hill, curve or in bad weather conditions (such as heavy rain or a snow storm), your defense attorney can certainly use the testing conditions as a defense.

An experienced DUI defense attorney can also challenge your test results based on how the police officer administered the field sobriety test. For example, if the officer did not properly explain and demonstrate the test for you first, you cannot be expected to perform the task successfully.

Furthermore, The One Leg Stand and the HGN require physical capabilities that not everyone can execute. If you are more than 50 pounds overweight, over age 60 or have a medical condition that can affect your test results, the officer should not ask you to perform the field sobriety test.

For these reasons and more, it is imperative that you contact an attorney if you live in or around the San Diego area and have been charged with DUI. A determined attorney will fight for your rights because they understand the penalties you’ll face if you are convicted. Don’t let your field sobriety test results make you think that pleading guilty is the only option!