Learn What You Need to Know About the Field Sobriety Tests from an Experienced DUI Attorney

Police and prosecutors in California frequently rely on the field sobriety tests (FSTs) when making DUI arrests and pursuing DUI charges at trial. If you took the FSTs and “failed,” prosecutors can use this against you. However, there are several issues with the field sobriety tests, and an experienced Marin County DUI attorney will be able to help you raise these issues in court—along with asserting any and all other defenses you have available.

You Are Not Required to Take the Field Sobriety Tests

Before we discuss the issues with the field sobriety tests, it is important to emphasize that you are not required to take these tests during a DUI stop in Marin County. While the police can require you to provide a blood alcohol concentration (BAC) sample under California’s “implied consent” law, this law does not cover the FSTs.

This means that you are well within your rights to refuse to take the field sobriety tests; and, if you refuse, prosecutors cannot use this against you. However, if you take the FSTs voluntarily—even if you didn’t realize you had the right to refuse—prosecutors can use your test results along with any other evidence that may be available.

If You Take the Field Sobriety Tests, Your Results Can Be Used Against You

This is important because, under California’s DUI law (Vehicle Code Section 23152), there are two ways that prosecutors can secure a drunk driving conviction. While prosecutors can secure a conviction if your BAC was over the legal limit, they can also secure a conviction if you were “under the influence of any alcoholic beverage” behind the wheel.

As a result, even if prosecutors can’t rely on your BAC (either because you refused the breathalyzer or because there are problems with your BAC reading), they may still be able to secure a conviction using other evidence. Thus, in addition to challenging your BAC reading (if you took the breathalyzer), if you took the field sobriety tests, you would need to challenge your FST results as well.

The Field Sobriety Tests Are Subjective and Flawed

Despite their widespread use, the field sobriety tests are not reliable indicators of alcohol intoxication. There are issues with all of the field sobriety tests, including the three standardized FSTs and the various non-standardized FSTs that police officers often administer on the side of the road.

Standardized Field Sobriety Tests

There are three standardized field sobriety tests. However, despite the standards that apply, these tests are still inherently subjective, and a “failure” is not necessarily indicative of alcohol intoxication:

• Horizontal Gaze Nystagmus Test – This test involves a police officer holding a pen or some other object 12 to 15 inches from a driver’s face and asking the driver to track its movement with their eyes from side to side. Failure to smoothly track the object’s movement can be interpreted as a sign of alcohol intoxication. However, it can also have a variety of other explanations.
• One–Leg Stand Test – The one-leg stand test is intended to test a person’s balance, as lack of balance can also be interpreted as a sign of alcohol intoxication. But, from uneven ground and uncomfortable shoes to stress and various medical conditions, inability to stand comfortably on one leg can have a variety of other explanations as well.
• Walk–and-Turn Test – The walk-and-turn test is also intended to test a person’s balance. However, just like a person’s inability to stand comfortably on one leg, a person’s inability to walk in an unnatural fashion on the side of the road under police supervision can be the result of various factors unrelated to alcohol consumption.

Importantly, while the standardized FSTs are not necessarily indicative of alcohol intoxication, if you are facing a DUI in Marin County, it is up to you to raise this defense in court. An experienced DUI attorney will be familiar with all of the various issues with the standardized FSTs and be able to raise this defense on your behalf.

Non-Standardized Field Sobriety Tests

Along with the standardized field sobriety tests, police officers will often administer various non-standardized FSTs during DUI stops as well. Some of the more-common examples include:

• Alphabet test
• Finger-to-nose test
• Finger tap and hand pat tests

All of the non-standardized field sobriety tests suffer from similar issues that make them unreliable as evidence of intoxicated driving. While a failure might be indicative of alcohol impairment, it could also just as easily be indicative of a variety of other factors or conditions.

With that said, prosecutors will not hesitate to use your field sobriety test results against you; and, if you do not successfully challenge the admissibility, reliability, or relevance of your results, you could find yourself facing a DUI conviction that could—and should—have been avoided. As a result, it is critical that you work closely with an experienced Marin County DUI attorney to fight your case by all necessary and available means.

Defending Against a DUI in Marin County if You Took the Field Sobriety Tests

Despite the various issues with the standardized and non-standardized field sobriety tests, prosecutors still can—and will—use your “failure” against you. As a result, if you took the FSTs during your DUI stop, this is something you will need to confront when building your defense strategy. Some of the ways to fight prosecutors’ use of your FST results in a Marin County DUI case include:

• Raising issues with the field sobriety tests themselves;
• Raising issues with the officer’s interpretation of your performance; and/or,  
• Asserting your constitutional rights.  

Once you hire a DUI attorney to represent you, your attorney will be able to examine your FSTs to determine which defenses he or she can assert on your behalf.

Schedule a Free Initial Consultation with an Experienced DUI Attorney

Did you take the field sobriety tests during your DUI arrest in Marin County? If so, we encourage you to contact us promptly for more information. Call 415-965-6183 or contact us online to schedule a free consultation with an experienced DUI attorney today.