DUI Los Angeles

Field Sobriety Tests in California

If you have been arrested for drunk driving or DUI in California, you were given a set of tests by the police officer as part of his or her DUI investigation. From the moment the California Highway Patrol or local police officer sees your car in motion, he or she begins the DUI detection process.

In California, field sobriety tests (FSTs) are optional. California DUI law does not require you to take them.

Los Angeles DUI Attorneys find weaknesses in California DUI investigations because officers do not administer (or give) the field sobriety tests the right way. Because cops do not administer the tests the right way, the results of the tests are unfair. If not done correctly, the so-called tests lose scientific validity. DUI Lawyers know how to explain this to the District Attorney in court.

Police officers who have received DUI/ DWI Detection Training went to classes during the police academy. If they took the National Highway Traffic Safety Administration course, they would have learned, just like DUI Attorney Richard Wagner learned, the right way to detect drunk drivers and administer and grade Standardized Field Sobriety Tests.

Orange County DUI Lawyers know if you did the Field Sobriety Tests, the District Attorney or prosecutor is going to take your performance on the FSTs into consideration in evaluating your DUI case. Furthermore, DUI Lawyers are prepared when you go to trial, the cop will tell the jury how you failed the tests. However, the LA DUI attorneys here can defend you against this misinformation.

The police officer probably told you to follow a pen or his finger with your eyes without moving your head. This so-called test is known as the Horizontal Gaze Nystagmus test. This is one of the Standardized Field Sobriety Tests cops use in their DUI investigation of your sobriety.

Hopefully, your DUI Lawyer has a copy of the recent scientific article entitled "The Horizontal Gaze Nystagmus test: fraudulent science in the American courts." This is important. For instance, it shows that each "symptom" of intoxication an officer notes while you do the test, might also be due to some disease or condition you have that is totally unrelated to alcohol. The District Attorney and DMV hearing officer need to be confronted with these other facts favorable to your defense.

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What the police officer should know about the Horizontal Gaze Nystagmus

When the officer looks at your eyes and waves the pen or his finger from side to side, the officer is looking for an involuntary jerking or bouncing of your eyes. This is called Nystagmus. Prosecutors, judges and law enforcement believe the Horizontal Gaze Nystagmus test is the most reliable FST.

Before the officer begins to wave the magic wand in front of your face, he or she must put it 12-15 inches from your nose and slightly above eye level to check for (a) equal pupil size, (b) resting nystagmus and (c) equal tracking. Most officers just launch right into the test. If the officer does not confirm these things before testing, how can the officer rule out the possibility of a medical disorder or injury as the cause of the Nystagmus?

Los Angeles DUI Lawyers know the correct procedure for Horizontal Gaze Nystagmus Testing in California DUI cases:

#1. The Lack of Smooth Pursuit - The eyes can be observed to jerk or bounce as they follow a smoothly moving penlight or finger. Law enforcement believe the eyes of a sober person will follow smoothly, like a marble rolling across a plane of glass or a golf ball rolling on the greens of Augusta. The officer must move the stimulus smoothly and at a standard speed -- two seconds out and two seconds back for each eye.

#2. Distinct and Sustained Nystagmus At Maximum Deviation - Distinct and sustained nystagmus will appear when the eye is held at maximum deviation (as far to the side as possible and is kept at the position) for a minimum of 4 seconds. The officer must know that even sober people may show slight nystagmus at maximum deviation, but it goes away and will not be sustained for more than a few seconds. When alcohol is the cause, the bouncing will be larger, more pronounced, sustained for more than 4 seconds and easy to see.

#3. Onset of Nystagmus Prior to 45 Degrees - The police officer has been taught "if the nystagmus begins prior to 45 degrees it means the person has a blood alcohol concentration above 0.08%." The officer must move the stimulus at the correct speed: It should take about 4 seconds for the stimulus to reach the edge of your shoulder.

Trained Orange County DUI Lawyers know officers must check each eye and can find a maximum of 6 clues. Law enforcement believes that if 4 or more clues are found, then your BAC is above 0.10%.

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Other Field Sobriety Tests Used in Southern California

Other tests are divided attention tests. The validty of these tests are based on the theory that they exercise the same mental and physical capabilities that a person needs to drive safely such as information processing, short-term memory, judgment and decision making, balance, steady, sure reactions, clear vision, small muscle control, and limb coordination. There is the Finger Count, Rhomberg Test, One Leg Stand, Walk and Turn Test and others.

The Walk-and-Turn Test

There are 2 stages: Instructions stage and Walking Stage.

In the instruction stage, the officer looks to see if you are able to stand with your feet in a heel-to-toe position, keeping your arms at your sides, and listen to his or her instructions.

The officer must tell you to put your left foot on the line, and place your right foot on the line ahead of the left foot, with heel of right foot against the toe of your left foot. The officer should demonstrate this for you. The officer then must tell you to place your arms at your sides and demonstrate that, as well. The officer should instruct you to maintain that position until the instructions have been completed, and then ask if you understand to that point?

In the Walking Stage, the officer is checking to see if you can take 9 heel-to-toe steps, turn the exact way he describes, and take 9 heel-to-toe steps back as you count out loud and watch your feet.

The officer should explain to you when he says "Start" - he expects you to take 9 heel-to-toe steps, turn and take nine heel-to-toe steps back. The officer should demonstrate 3 heel-to-toe steps.

The officer should explain that when you turn, you are expected to keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this (and the officer shows you how to do it).

The officer should explain that while you are walking, you are expected to keep your arms at your sides and watch your feet and count out loud. He should also remind you that once you start walking, not to stop until you have completed the sobriety test.

He must ask if you understand, if so, then tell you to begin and count your first step from the heel-to-toe position as "One."

If you were arrested for a DUI involving field sobriety tests, speak with DUI Lawyer Richard Wagner at Gold, Leftwich & Wagner to learn how to attack your LA or OC DUI and what legal options are available.