Field Sobriety Test
Orange County DUI Attorneys
Field Sobriety Test Defense Lawyers in Orange County, California
A field sobriety test can be a major part of an Orange County DUI case. The prosecuting attorney may use field sobriety test results, or what was said during field sobriety testing, to prove that a driver’s abilities were impaired or that the driver admitted to being intoxicated. On the other hand, an Orange County DUI lawyer can use these tests in a driver’s DUI defense.
If you did agree to field sobriety testing, the Orange County DUI lawyers and attorneys at Orange County DUI Law Group understand how to evaluate field sobriety tests and their results in order to build a strong defense for a client. For instance, in administering a field sobriety test, the law enforcement officer must follow certain protocol and procedure in order for it to be conducted properly and for the results to be as accurate as possible. When this does not occur, when a driver is not informed that he may refuse field sobriety tests, or when an officer otherwise violates the driver’s rights, this may be grounds for a dismissal of field sobriety test results – depending upon the ability of your Orange County DUI attorney to locate a violation and prove it at the DMV hearing or in court.
If you are pulled over for an Orange County DUI, you do NOT have to submit to field sobriety tests. Submitting to field sobriety testing is not required by law, and you will not face enhanced penalties or license suspension merely for refusing these tests. (Note: this is separate from blood test or breath test refusal. Refusing chemical testing to determine your blood alcohol concentration is an offense punishable by a one year license suspension.)
Orange County DUI Charges and Field Sobriety Tests
Law enforcement uses field sobriety tests as a means of determining whether an individual is under the influence of alcohol or drugs, usually before any chemical tests are administered. These tests, such as the one leg stand, horizontal gaze nystagmus, or walk and turn are not 100% accurate and are subject to a number of conditions which will alter the results. Such factors as a driver’s weight, innate coordination, natural ability to follow directions, injury, age, eyesight or other physical condition may alter that individual’s ability to perform field sobriety tests.
Our Orange County DUI attorneys and lawyers do not recommend that our clients submit to field sobriety testing for these reasons. These tests are subjective at best and will usually only hurt a defendant’s case in court. However, our Orange County DUI lawyers’ understanding of these tests and their errors has enabled us to contest the results when a client has submitted to field sobriety tests.
Contact an Orange County DUI attorney at Orange County DUI Law Group today!