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Field Sobriety Tests

When a person is stopped under suspicion of DUI (driving under the influence) they may be asked by law enforcement to perform one or more field sobriety tests. A field sobriety test helps determine whether or not a person may be too intoxicated to drive and gives an officer probable cause for an arrest. Field sobriety tests, also known as FST’s, test a person’s physical and mental skills through a series of instructions. If a person fails just one small portion of any field sobriety test they can be arrested for DUI by law enforcement.

Legal Right to Refuse Field Sobriety Tests

In the state of California, a person has the legal right to refuse any field sobriety tests. However, simply refusing does not mean that you will not be arrested and charged with driving under the influence.

The following are common field sobriety tests administered by law enforcement in California:

  • Horizontal Gaze Nystagmus Test: Law enforcement will ask an individual to follow an object with his or her eyes. The sooner the eyes jerk the higher the intoxications levels.
  • Walk and Turn Test: A person would be asked to take 9 heel-to-toe steps in one direction and then 9 steps in the opposite direction, in a straight line. Law enforcement is looking for swaying, inability to follow instructions, etc.
  • One Leg Stand Test:  During this test a person will be asked to count out loud while raising one leg six inches off the ground. Law enforcement is looking for the inability to follow instructions and difficulty performing the task. Any hopping, wobbling or swaying alerts law enforcement that the individual may be under the influence of alcohol/drugs.

DUI Defense Lawyers in Santa Monica

Please contact a Santa Monica DUI lawyer at Gutierrez, Curtis & Gutierrez immediately if you or a loved one has been arrested for DUI. We are very familiar with the legal issues that surround field sobriety tests and will fight in the effort to clear your name. We have over 60 years of legal experience representing any type of DUI offense including: 1st offense DUI, 2nd offense DUI, 3rd offense DUI, 4th offense DUI, felony DUI, underage DUI, out-of-state DUI and DUI accidents.

Please do not delay in protecting your future, contact a Santa Monica DUI attorney at Gutierrez, Curtis & Gutierrez today.

Field sobriety tests issues in Santa Monica? Contact us today!