Stopped for DUI? Say NO to Field Sobriety Tests! (Part I)

If a driver is pulled over in Huntington Beach, Newport Beach, Long Beach or Santa Ana on a routine traffic stop and the police officer suspect’s intoxication, it is generally standard practice for the officer to request the driver to step out of the vehicle to perform field sobriety tests. To the officer and attorneys, these tests are otherwise known as “FST’s”. The driver is asked to perform simple physical or cognitive tests to assist the officer in determining the sobriety of the driver. The National Highway Traffic and Safety Administration (NHTSA) guidelines were set up to help make these tests more accurate. They are now called ’standardized field sobriety tests.’

The “Standardized” tests are: The One-Leg Stand; The Walk and Turn, and The Horizontal Gaze Nystagmus (HGN) test. Officers may also administer non-standardized tests, which might include asking the driver to stand with his/her feet together and tip the head backwards, count the number of fingers that the officer raises, recite the alphabet or a portion of it, or count backwards.

Additionally, the officer may request the driver to perform the “Rhomberg” stationary balance test where the driver stands, feet together, and leans the head back to look up at the sky while holding their arms out to the side. The officer is looking for “sway” in the suspect.

Another test that is commonly known by most drivers is the finger-to-nose test which requires the driver to close his or her eyes and bring the finger around to touch the nose. Often, the officer is looking to see not only that the driver touches the “tip” of the nose, but also that the driver uses the TIP OF THE FINGER (not the pad of the finger) to touch the tip of the nose.

Another test that is often requested in Orange County is the time estimation test, where the driver is asked to estimate when 30 seconds has elapsed. These non-standardized tests are all being used to help the officer establish that the driver is under the influence of alcohol and/or drugs. Very rarely, if ever, are the FST’s used as a justifiable reason to release the defendant without further tests to establish DUI.

These tests are NOT MANDATORY and should be avoided at all costs. The officer is “requesting” that you take the tests. You are under no obligation to perform the tests as per the officers’ request. From a legal standpoint it is arguable that the FST’s are a denial of a defendants sixth amendment right to counsel as well as their fifth amendment right against self incrimination. It is also to be noted, as most people have come to understand the “Miranda” warnings, once detained, “anything you say can and will be used AGAINST you in a court of law”. Anything you do or say is NOT PERMITTED to be used ON YOUR BEHALF! Therefore, there is no incentive for you to conduct the FST’s upon suspicion of DUI. Simply allow the officer to arrest you.

In California once a driver is arrested for suspicion of driving under the influence of drugs or alcohol, some form of chemical test, either a breathe, blood, or urine testing is required. While these tests are technically voluntary, refusal carries a mandatory penalty of a one year suspension of driving privileges. Once arrested for suspicion of DUI, give the mandatory blood or breathe sample at the police station. If you are below the legal limit, you will have won the battle. If you are above the legal limit, you have made defending your case MUCH easier and more likely of success!

If you have been arrested for Driving Under the Influence in Huntington Beach, Newport Beach, Santa Ana, Long Beach, or anywhere in Orange County, you need the assistance of competent DUI defense attorneys working to ensure your rights are protected and that you receive your constitutional due process. The criminal defense lawyers at Houston Law of California can assist with your DUI charges and handle any other criminal accusations against you. Call TODAY! Do NOT WAIT! Call the Newport Beach criminal defense attorneys at Houston Law of California at 714.841.3921 or email at info@HBLawyers.net .