Field Sobriety Tests: Downey DUI Charge
DUI Lawyer in Downey, CA
How do field sobriety tests impact a possible defense case? After being pulled over by law enforcement, whether at a DUI checkpoint or due to another infraction, most commonly the individual is asked to perform several physical tests, called "field sobriety tests." These tests are conducted to gain more evidence so that there is "probable cause" for an arrest, as is necessary under the U.S. Constitution. Unfortunately, these tests are notoriously inaccurate, and the best of the three common tests has a 77% accuracy level when compared to actual intoxication.
There are many reasons why a person could fail a field sobriety test. In fact, try standing on one leg for 30 seconds - it isn't easy to do. Approximately ¼ of those arrested and charged with DUI based upon field sobriety testing evidence are likely not intoxicated. The officer conducting the tests may fail to administer them correctly, or there could be difficulty in understanding directions due to hearing problems, language, or other situation, including medical conditions.
Standardized DUI Tests
There are three field sobriety tests that are standardized and are most commonly used to identify a DUI driver. These are the Walk & Turn, the One-Leg Stand, and the Horizontal Gaze Nystagmus. In order for these tests to be "valid," they must be administered correctly. You must be standing on a reasonably dry, flat surface, with adequate lighting, with the noise level low enough so that the suspect is able to hear directions. If there is a great deal of traffic noise, it can be difficult for a suspect to hear, much less follow any directions. If field sobriety tests were conducted incorrectly, the results can be challenged.
Your rights are important. You can be confident that if your rights were violated, whether in the initial police stop or as a suspect that was administered field sobriety tests incorrectly, there is real hope that a case could be dismissed, or that an acquittal could be achieved in court. Call the firm today for more information.