Field sobriety tests are a common procedure used by law enforcement officers during DUI stops in California. Understanding these tests, their purpose, and how they are administered can be crucial if you find yourself in such a situation. In this guide, we will explore everything you need to know about field sobriety tests and how to handle a DUI stop in California.
What Are Field Sobriety Tests?
Field sobriety tests are a series of standardized physical and cognitive tasks that law enforcement officers use to assess a driver’s level of impairment due to alcohol or drugs. These tests are designed to measure a person’s coordination, balance, and ability to follow instructions. The goal is to determine whether there is probable cause to arrest the driver for DUI (driving under the influence).
Common Field Sobriety Tests
There are several types of field sobriety tests commonly used during DUI stops in California. The three most widely recognized and standardized tests are:
1. Horizontal Gaze Nystagmus (HGN) Test
The HGN test measures the involuntary jerking of the eyes, known as nystagmus, which can occur when a person is under the influence of alcohol. During this test, the officer will ask the driver to follow a moving object, such as a pen or flashlight, with their eyes. The officer will look for signs of nystagmus at certain angles, which can indicate impairment.
2. Walk and Turn Test
The walk and turn test evaluates a person’s ability to follow instructions, maintain balance, and perform physical tasks simultaneously. During this test, the officer will instruct the driver to take nine steps in a straight line, heel-to-toe, turn on one foot, and return in the same manner. The officer will observe for signs of imbalance, incorrect steps, and failure to follow instructions.
3. One-Leg Stand Test
The one-leg stand test assesses a person’s balance and coordination. The driver will be asked to stand on one leg while holding the other leg approximately six inches off the ground. The officer will instruct the driver to count aloud in a specific manner. The officer will look for signs of swaying, using arms for balance, hopping, or putting the foot down before instructed.
How Are Field Sobriety Tests Administered?
Field sobriety tests are typically administered at the roadside during a traffic stop. Here’s a step-by-step overview of how these tests are conducted:
1. Initial Observation
The officer will observe the driver’s behavior, appearance, and speech during the initial interaction. Signs of impairment, such as slurred speech, bloodshot eyes, and the smell of alcohol, may prompt the officer to conduct field sobriety tests.
2. Instructions and Demonstration
The officer will provide clear instructions and demonstrate each test to ensure the driver understands what is required. It is essential for the driver to pay close attention to the instructions and perform the tests as accurately as possible.
3. Performance of Tests
The driver will be asked to perform the field sobriety tests one at a time. The officer will closely observe the driver’s performance, taking note of any signs of impairment or failure to follow instructions.
4. Assessment and Decision
Based on the driver’s performance, the officer will assess whether there is probable cause to believe the driver is impaired. If the officer determines there is sufficient evidence of impairment, the driver may be arrested for DUI and subjected to further testing, such as a breathalyzer or blood test.
Legal Considerations and Your Rights
Understanding your rights during a DUI stop and field sobriety tests is essential. Here are some important legal considerations:
1. Implied Consent
In California, drivers are subject to “implied consent” laws, meaning that by obtaining a driver’s license, they agree to submit to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. However, this does not extend to field sobriety tests, and drivers have the right to refuse them.
2. Refusing Field Sobriety Tests
While you have the right to refuse field sobriety tests, doing so can have consequences. Refusal may be used as evidence against you in court, and it could result in your arrest based on other observations made by the officer. It is essential to remain polite and respectful when asserting your rights.
3. Legal Representation
If you are arrested for DUI, it is crucial to seek legal representation from an experienced DUI defense attorney. A knowledgeable lawyer can help you navigate the legal process, challenge the validity of the field sobriety tests, and work towards achieving the best possible outcome for your case.
Tips for Handling a DUI Stop
Being prepared and knowing how to handle a DUI stop can make a significant difference. Here are some tips to keep in mind:
1. Remain Calm and Cooperative
When pulled over by law enforcement, remain calm and cooperative. Follow the officer’s instructions, provide your driver’s license and registration, and avoid making sudden movements.
2. Know Your Rights
Understand your rights during a DUI stop. You have the right to remain silent and the right to refuse field sobriety tests. If you choose to refuse, do so politely and respectfully.
3. Be Aware of Your Behavior
Your behavior during the stop can influence the officer’s decision. Avoid arguing or becoming confrontational. Keep your hands visible, and avoid making any statements that could be used against you.
4. Contact an Attorney
If you are arrested for DUI, contact an experienced DUI defense attorney as soon as possible. Your attorney can provide guidance, protect your rights, and represent you in court.
Conclusion
Field sobriety tests play a critical role in DUI stops in California. Understanding these tests and your rights can help you navigate the situation more effectively. If you find yourself facing a DUI charge, seeking legal representation from a skilled DUI defense attorney is essential. At Southwest Legal, we specialize in DUI defense and are here to help you every step of the way. Contact us today for a free consultation and let us fight for your rights and driving record.
