Build a strong DUI defense by challenging field sobriety test findings with legal guidance.

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Challenging Field Sobriety Tests

Field sobriety tests are a common tool used by officers during DUI investigations to evaluate potential impairment, but they are not always accurate. Knowing your rights and how these tests can be challenged is important to your defense against DUI charges.

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Trusted FST Defense

Challenging Field Sobriety Tests

Field sobriety tests are a common tool used by officers during DUI investigations to evaluate potential impairment, but they are not always accurate. Knowing your rights and how these tests can be challenged is important to your defense against DUI charges.

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Trusted FST Defense

Field Sobriety Tests

Field sobriety tests are a common tool used by officers during DUI investigations to evaluate potential impairment, but they are not always accurate. Knowing your rights and how these tests can be challenged is important to your defense against DUI charges.

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Understanding Field Sobriety Tests

Field sobriety tests (FSTs) play a significant role in DUI investigations, as they are often used by officers to assess whether a driver may be impaired by alcohol or drugs. These tests, which evaluate balance, coordination, and the ability to follow instructions, are entirely voluntary, though many drivers feel pressured to perform them during a traffic stop.

Despite their common use, FSTs can be highly subjective and are designed in a way that often leads to failure—even for sober individuals. Issues such as fatigue, medical conditions, or environmental factors like uneven pavement can all impact performance, making these tests unreliable indicators of impairment.

Because of their subjectivity and potential flaws, having an experienced attorney is needed. A skilled DUI attorney will analyze the administration of these tests, challenge their validity, and identify inconsistencies in the officer's observations to strengthen your defense. If you are facing DUI charges, understanding your rights regarding field sobriety tests can make a significant difference in the outcome of your case.

What are Field Sobriety Tests?

Field sobriety tests (FSTs) are an important part of DUI investigations, often used by law enforcement to assess whether a driver may be impaired by alcohol or drugs. These roadside evaluations typically involve instructions or tasks designed to measure balance, coordination, and the ability to follow directions. While officers may present these tests as a routine part of a traffic stop, they are not legally required. Drivers have the choice to decline these tests, though many unknowingly comply due to the high-pressure nature of the situation.

Law enforcement often pays close attention during the entire interaction with a driver. From observing how you locate your license and registration to listening for slurred speech or watching for difficulty following instructions, officers use every detail as potential evidence of impairment. If they suspect you have been drinking or are under the influence of drugs, they may request that you exit your vehicle to perform FSTs. These tests, however, are often conducted in less-than-ideal circumstances, such as on uneven pavement or in poor lighting, which can affect performance regardless of sobriety.

Certain individuals, such as those over the age of 65, those who are more than 50 pounds overweight, or those with medical conditions that affect balance or coordination, should avoid performing field sobriety tests whenever possible. These factors can significantly impair the ability to perform tasks involving balance or precision, even without any alcohol or drug impairment. Unfortunately, officers may misinterpret these difficulties as signs of intoxication, leading to inaccurate assessments and potentially unjust charges.

It’s important to know that FSTs can be subjective, relying heavily on the officer’s judgment rather than objective criteria. Because of this, errors in how these tests are administered or interpreted can significantly influence a DUI case.

If you’ve recently been arrested for a DUI and were asked to complete field sobriety tests, consulting a qualified DUI lawyer immediately. A driving under the influence attorney can evaluate whether the tests were administered correctly and whether your performance was fairly assessed.

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Types of Field Sobriety Tests

FSTs are used by law enforcement to assess whether a driver shows signs of alcohol or drug-related impairment. The National Highway Traffic Safety Administration (NHTSA) has developed three standardized tests, known collectively as the Standardized Field Sobriety Test (SFST), to help officers make this determination and establish probable cause for a DUI arrest. These three tests are the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). Each test is designed to identify specific physical or neurological indicators of impairment and must be administered under clearly outlined protocols.

The Horizontal Gaze Nystagmus test involves observing the involuntary jerking of the eyes as they follow a moving object, such as a pen or flashlight. Alcohol and certain drugs can exaggerate this jerking, and officers are trained to look for this effect as a clue. The Walk-and-Turn test assesses a person's ability to follow instructions, maintain balance, and execute a series of steps, often under challenging conditions like uneven surfaces or limited lighting. Finally, the One-Leg Stand evaluates a suspect’s balance and coordination by requiring them to stand on one leg while counting aloud for a specified time.

Although these standardized tests are supported by the NHTSA training manual and intended to provide reliable indicators of impairment, their accuracy depends heavily on the officer’s training and adherence to proper administration protocols. Officers undergo specialized training to identify the specific “clues” that indicate impairment during these tests. These include difficulty following instructions, losing balance, or failing to complete the tasks as directed. However, not all officers receive or retain this essential training. Many officers administer the tests improperly, overlook critical steps, or misinterpret the results, leading to potential errors in their evaluations.

Law enforcement may occasionally use additional, non-standardized field sobriety tests as part of their investigation, but these are not backed by scientific evidence for reliability and are often prone to even greater subjectivity. Errors in administering or interpreting any of these tests can result in unfair accusations and wrongful arrests.

Given the critical role these tests play in DUI cases, FSTs must be conducted correctly and evaluated objectively. A knowledgeable DUI attorney can examine the administration of these tests in your case and identify any procedural errors or inaccuracies.

Call now to review your case and challenge the evidence from your field sobriety tests.

Work with a Fresno DUI lawyer to fight field sobriety tests and reduce the impact of your charges.

Field Sobriety Test: PAS Test

The Preliminary Alcohol Screening (PAS) test is often the final roadside test administered by law enforcement during a DUI investigation. This handheld breathalyzer device is designed to measure a driver's blood alcohol concentration (BAC) and help officers determine whether an arrest for DUI is warranted. The PAS test plays a significant role in a DUI investigation.

For most drivers, taking the PAS test is entirely optional. By law, officers are required to inform drivers that the test is voluntary unless they fall into specific categories, such as being under 21 years old or on DUI probation. Drivers in these groups are required to take the PAS test under California's strict "zero tolerance" policies. Many drivers, however, are either unaware of their right to refuse or feel pressured to comply, sometimes to their disadvantage.

The PAS device works by analyzing the alcohol content present in a person’s breath. While it can provide immediate results, these figures are not always reliable. Factors such as "mouth alcohol" left over from recent drinking can falsely elevate the BAC reading. Similarly, variations in how officers administer the PAS test can raise questions about its accuracy. Some officers take a single reading, while others request multiple samples for comparison. A lack of uniform procedures in using and calibrating these devices can further compromise the reliability of the results.

Even if the PAS test indicates a driver’s BAC is under the legal limit of 0.08%, it may still lead to further scrutiny. Officers might instead suspect impairment due to drugs or medication, prompting additional tests like blood or urine samples. Importantly, submitting to the PAS test does not exempt drivers from mandatory post-arrest chemical testing. Refusal to take the required post-arrest breath or blood tests can result in enhanced penalties, including license suspension for at least one year and potential DUI refusal charges.

The results of the PAS test can also create complications in court. Prosecutors may attempt to introduce PAS readings as evidence to bolster their case against the driver. However, due to the inherent inaccuracies and lack of regulatory oversight compared to post-arrest chemical tests, DUI defense attorneys can challenge their admissibility. Ironically, if the PAS reading reflects a lower BAC than the post-arrest test, prosecutors often argue to exclude it from evidence, preventing juries from seeing potentially exonerating information.

Ultimately, the decision to take the PAS test should not be made lightly. While it might seem like an opportunity to prove sobriety, the results are often used to build a stronger case for arrest rather than to clear suspicions. If you have already taken the PAS test, a skilled DUI attorney can carefully review the results and work to challenge them.

Problems with Field Sobriety Tests

Field Sobriety Tests (FSTs) are inherently subjective, relying almost entirely on the officer’s interpretation of a driver’s performance. This subjectivity means that the results can be inconsistent and prone to errors, leading to drivers being unfairly deemed impaired.

Frequently, officers indicate in their reports that a driver “failed” the tests, even when they may have verbally suggested otherwise during the stop. This discrepancy between perception and documentation can have serious consequences for those accused of DUI.

Additionally, a variety of external factors can skew the results of these tests, making it difficult to determine whether poor performance is due to impairment or other unrelated reasons. For example, an uneven surface, such as a gravelly road or sidewalk riddled with cracks, can make staying balanced during tests like the Walk-and-Turn or One-Leg Stand challenging for even the most sober drivers.

Similarly, harsh lighting conditions, such as the glare of headlights or flashing police lights, may impair a driver’s ability to focus on an object during the Horizontal Gaze Nystagmus (HGN) test.

Don't settle for inaccurate test results. Contact a Fresno DUI lawyer to protect your rights.

Other Issues with Field Sobriety Tests

Physical characteristics and conditions unique to the driver also play a significant role. A driver’s age, weight, or overall physical condition can naturally affect their balance and coordination. People with medical conditions like arthritis, vertigo, or previous injuries may struggle to comply with certain test instructions, no matter their level of sobriety. Elements like the driver’s footwear, such as high heels over two inches, can make tasks requiring balance unnecessarily difficult.

Language barriers and emotional states can further contribute to inaccurate conclusions. If a driver has limited English proficiency or difficulty understanding the officer’s instructions, they may unintentionally perform the tests incorrectly. Similarly, feelings like nervousness, fear, or embarrassment during a high-stress traffic stop can make it harder to concentrate and follow commands.

Environmental factors, such as extreme weather conditions, also influence test results. A wet or slippery surface from rain, gusty winds, or extreme heat or cold can all interfere with a driver’s ability to perform well during roadside evaluations. Poor instructions or unclear communication from the officer administering the tests can exacerbate these issues, leaving the driver set up to fail.

The subjective and inconsistent nature of FSTs, combined with the impact of environmental, physical, and emotional factors, makes these tests a problematic tool for assessing impairment. If you believe external factors or improper test administration unfairly influenced your results, consulting an experienced DUI attorney is essential. Our drunk driving lawyer can analyze these variables and challenge any flawed conclusions drawn from the tests.

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Build a Strong Defense Against Unreliable Field Sobriety Tests

Field sobriety tests are subjective by nature, relying heavily on an officer’s judgment to determine whether you “passed” or “failed.” Challenging the results of FSTs is one of the most effective ways to defend against a DUI conviction. Retaining an experienced DUI attorney can help when it comes to showing the inherent unreliability of these tests.

DUI cases often hinge on technicalities, and field sobriety tests are frequently flawed components of the prosecution’s case. By demonstrating the tests’ unreliability and uncovering errors in their administration, a drunk driving attorney can aggressively advocate for reduced charges, case dismissal, or an acquittal. If you are facing DUI charges, consult with a skilled DUI lawyer today to discuss your case and the strategies available to challenge the reliability of field sobriety tests.

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Take the first step toward fighting DUI charges by challenging unreliable test results today.

Build a Strong Defense Against Unreliable Field Sobriety Tests

Field sobriety tests are subjective by nature, relying heavily on an officer’s judgment to determine whether you “passed” or “failed.” Challenging the results of FSTs is one of the most effective ways to defend against a DUI conviction. Retaining an experienced DUI attorney can help when it comes to showing the inherent unreliability of these tests.

DUI cases often hinge on technicalities, and field sobriety tests are frequently flawed components of the prosecution’s case. By demonstrating the tests’ unreliability and uncovering errors in their administration, a drunk driving attorney can aggressively advocate for reduced charges, case dismissal, or an acquittal. If you are facing DUI charges, consult with a skilled DUI lawyer today to discuss your case and the strategies available to challenge the reliability of field sobriety tests.

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