Orange County Field Sobriety Tests Lawyers

Field Sobriety Tests

Field sobriety tests (FSTs) are commonly used by law enforcement officials in an effort to observe cues of intoxication in drivers whom law enforcement suspect are under the influence of drugs and/or alcohol. The intent of these tests is to measure both mental clarity and physical dexterity of drivers. According to the National Highway Traffic Safety Administration (NHTSA), the three tests are the horizontal gaze nystagmus (HGN), the walk-and-turn (WAT), and the one-leg stand (OLS). Police use these tests to help compile a strong case against a driver after quickly assessing whether they are exhibiting signs of intoxication or not. However, issues have been raised regarding how well field sobriety tests provide evidence of a person's driving impairment.

One problem with FSTs is that each person has their own level of abilities, both sober and intoxicated. Some of the field sobriety tests that are used are innately more challenging for certain people than for others. Ultimately, scientists have been able to prove that these tests may not be entirely reliable as a way of assessing a person's alcohol intake. It is for these reasons that FSTs are used in conjunction with a blood or breath alcohol test. It is also why law enforcement officials need to be careful not to base DUI enforcement on these tests and their results alone.

Separately, some legal resources have shown that studies associated with the National Highway Traffic Safety Administration (NHTSA) found that FSTs on their own are not sufficient diagnostic tools for establishing a driver's impairment, to the extent that some courts may find them inadmissible if the testing results are not supported by additional evidence. Within the legal community, professional drunk driving defense lawyers have been talking about their questions regarding the validity of field sobriety testing as it relates to an individual case. Generally, many experts believe the trend will go towards heavier reliance on actual breath testing and more relevant field sobriety testing.

For now, anyone who has been charged with a DUI in Orange County that was based solely upon field sobriety tests should consult with an attorney over how the tests were conducted and used, and the context in which they occurred. Talking to a lawyer that has experience with DUI cases can help a person facing DUI charges understand how the courts handle the detailed protocols that surround DUI law enforcement procedures, as well as how an inappropriate reliance on field sobriety testing plays a part in the defense of a DUI case.

Due to the severity of the penalties that a person charged with a DUI faces, it is in their best interest to find legal counsel they can trust. The Orange County drunk driving defense lawyers at Takakjian & Sitkoff, LLP, have extensive experience aggressively representing clients who have been charged with a DUI. Each of our lawyers is a former Los Angeles County Deputy District Attorney, giving us a unique understanding of the law as well as what errors and mistakes to look for when investigating a drunk driving case. Our attorneys can help you understand the legal options available to you and obtain the best result for your case. To learn how we can protect your rights, call 866-299-4111.