People stopped by the police in traffic tend to feel anxious. Those flashing lights are often a warning sign of inconvenience and significant upcoming expenses. Many traffic stops lead to citations or tickets. Other times, people could be at risk of arrest if a police officer suspects them of a more serious traffic violation.
Driving under the influence (DUI) offenses are relatively common. The law makes it a crime to drive when a motorist knows that alcohol has diminished their capabilities. It is also a crime to drive with an elevated blood alcohol concentration (BAC). Police officers who can show that someone drove poorly or had high levels of alcohol in their bloodstream can arrest that person.
If police officers believe that a driver had too much to drink, they may ask them to exit their vehicle. An officer may then guide the motorist through a series of physical tests.
What are field sobriety tests?
California police officers generally receive specialized training on field sobriety testing. They can then reliably administer the three standardized field sobriety tests in a manner that produces evidence that the state can use during a criminal trial. These tests help gauge the potential of impairment based on physical function.
Officers may ask drivers to perform the walk-and-turn test. They may administer the one-leg stand test. They can also ask drivers to follow a moving object with only their eyes during the horizontal gaze nystagmus test. The results of those tests can theoretically provide probable cause for a DUI arrest.
What should drivers know about field sobriety tests?
The first thing that drivers likely need to understand about field sobriety testing is that it is not as reliable as people assume. False positive test results are relatively common, especially among people with mental health challenges or physical impairments.
Additionally, although the name implies that the goal of the testing process is to prove a driver’s sobriety, the goal is generally to validate allegations that they are drunk and have broken the law. Officers do not administer field sobriety tests in a goodwill effort to help drivers but rather with the intention of arresting them.
Finally, drivers generally need to know that they have the right to decline field sobriety testing. Officers cannot force people to perform any of the tests. Drivers who are aware of their rights may be less likely to make mistakes that increase their risk of prosecution or complicate their criminal defense strategies.
Fighting back against DUI charges usually requires the support of a professional familiar with the law. Drivers accused of intoxication can potentially avoid criminal convictions if they take immediate steps to protect themselves.