DUI Field Sobriety Test Information
Drugs, alcohol and prescription medication may well have a certain impact on one’s central nervous system. This means that it will affect the individual’s capability to carry out certain tasks, which require divided attention – this basically means that because of drugs or alcohol, the individual will be unable to multitask on the road properly and will not be safe while driving, stopping, turning or changing lanes.
FSTs or Field Sobriety Tests are special tests designed to measure an individual’s attention, coordination, agility and balance. Those tests are meant to establish if the driver is safe on the road or not because of his use of drugs and alcohol. Hence, throughout the field sobriety tests, the law enforcement officer will to monitor an individual’s coordination, balance and his or her ability to follow directions. However, most people do not know that you are not required laws to submit yourself to those tests under California.
Nevertheless, you are required to submit yourself to a chemical test – either alcohol or blood test – following the arrest. Failing to submit to this test may be viewed as a Refusal and will generally imply harsher penalties in court as well as with the DMV.
You Have a Right To Refuse FST
The vast majority of people choose to submit to FSTs, since they simply do not realize that they can easily refuse. The individual is generally asked to perform certain tasks, including touching their nose with their finger, following a pen from side to side with their eyes, as well as walking and turning. The law enforcement officer observes the person performing those actions and will subjectively take notes of the person’s ability to deal with those tasks. The police officer will note if the individual needs help standing, if they are swaying or perhaps far too slow in following the guidelines.
It is important to keep in mind that even a sober individual may have issues when trying to pass the field sobriety tests properly. An individual could easily fail those tests for a number of reasons, such as fatigue, poor instructions, nervousness and even weather conditions. The difficulty of every test may also have an impact on whether the individual is going to pass or fail it. Numerous scientific studies demonstrated that the vast majority of field sobriety tests are unreliable. In case where the DUI goes to trial, our law firm will ensure the attendance of a DUI expert witness, who will explain how unreliable those test really are to the jury.
However, DUI Field Sobriety Tests are but one part of a DUI court process. During the traffic stop, the law enforcement officer, who has reason to believe that the driver is driving under the influence, will ask the individual to step out of the car and follow the guidelines on how to perform those tests. The police officer will be looking at the individual’s overall appearance, slurred speech and ability to communicate in general. The police officer may smell alcohol on the individual’s breath and will typically examine the person’s eyes with a flashlight. Quite often, the DUI investigator will write that he or she notices the suspect had watery or glassy eyes in their report. This is, of course, an objective symptom of being intoxicated.
Contact Eisner Gorin LLP For Help
If you or your loved ones were charged with a DUI in Beverly Hills, getting a qualified and genuinely experienced lawyer is imperative.
Our professional and experienced lawyers at Eisner Gorin, LLP have dealt with thousands upon thousands of DUI cases and helped clients in Los Angeles County for many years now. As qualified and experienced Beverly Hills DUI attorneys, our law partners are determined to satisfy our clients’ needs and to produce the best result possible. Having our legal representation in your DUI case greatly increases your chances of successfully fighting the charges and avoiding imprisonment. We provide you with legal counsel throughout the whole DUI process and will be your attorneys both in court and during the administrative DMV hearing.