Los Angeles Field Sobriety Tests Attorney
Field Sobriety Tests Lawyer in Los Angeles
An experienced Los Angeles DUI lawyer knows that field sobriety tests (FSTs) are not 100% accurate and are not necessarily a reliable basis for an officer to make an arrest for driving under the influence of alcohol or drugs. Therefore, you may be wondering why they are even valid in a DUI arrest and criminal case, and why your attorney should be concerned with these at all.
There are usually two aspects of a DUI charge in California. The first is DUI “per se”, which is a driving under the influence charge based solely off the driver’s blood alcohol concentration (BAC). The second part of a DUI charge is based off whether the driver was under the influence of drugs or alcohol at the time of the arrest. Field sobriety tests are vital in the latter part of a DUI charge: the evidence of impairment of the driver. Your Los Angeles DUI attorney can use field sobriety tests as a defense for your case, to prove that your abilities were not impaired and help you avoid maximum penalties for your charges.
Los Angeles Field Sobriety Tests Lawyer
Field sobriety tests are not entirely accurate. In fact, the National Highway Traffic Safety Administration (NHTSA) conducted an evaluation of the three Standardized Field Sobriety Tests (SFSTs): the walk and turn, horizontal gaze nystagmus and one leg stand. The results? The most effective test, the horizontal gaze nystagmus test, was only 77% accurate. In this test, you follow an object or light with your eyes and the officer will look for a side-to-side movement of your eyes, which is supposed to indicate intoxication. The one leg stand was determined to be 65% accurate and the walk and turn was determined to be 68% accurate in showing impairment. These tests are not accurate because they are subject to any one of a number of factors that will skew the results:
- Nervousness
- Unclear instructions and directions by the police officer
- Tiredness
- Physical condition or injury
- Overweight driver
- Elderly driver
- A driver with naturally poor coordination or who has difficulty following instructions
- Poor road or weather conditions
Your Los Angeles DUI lawyer can use the results of your field sobriety tests to prove that you were not impaired, or that any impairment shown was actually the result of a natural physical condition or other factor that influenced the test results. Your lawyer will need to evaluate your specific test results and use physical evidence and expert testimony to prove that alcohol did not influence your field sobriety test results.
As field sobriety tests are their evaluation are based on the observation of a law enforcement officer and not a chemical analysis, they can be challenged as evidence. In particular, as it is proven that the tests at best are only 77% accurate. When evidence is based on observation by an individual, it is a very grey area. If you have been administered field sobriety tests and then arrested for DUI, it is strongly advised that you contact Gold & Witham without delay.
At Gold & Witham a free initial evaluation of your case can be done. After this evaluation, your questions will be answered and you will know how to move forward to protect yourself in the courts. There are many options available to a skilled DUI defense attorney. It is vital that you enlist the assistance of an aggressive defense lawyer when facing DUI charges. Law enforcement and the courts are harsh on drunk driving and will be fighting to convict you. Don't take chances with your future.
If you submitted to field sobriety testing – the walk and turn, one leg stand or horizontal gaze nystagmus, you will need to consult a Los Angeles DUI lawyer at Gold & Witham immediately. We have the experience and resources to thoroughly evaluate your case and see how we can help.
Contact a Los Angeles Field Sobriety Test DUI attorney at Gold & Witham today if you have been arrested for DUI and had field sobriety tests administered by law enforcement.