There are many kinds of field sobriety tests, but not all of them are truly accurate methods of gauging whether you had a high blood-alcohol concentration at the time you were pulled over for drunk driving. In this article, Orange County DUI lawyer Tom Wallin will explain the shortcomings of some of these field sobriety tests.

The Department of Transportation issued a report, entitled “Improved Sobriety Testing,” that concluded that the use of a combination of three tests (the horizontal gaze nystagmus, walk-and-run, and one-leg-stand tests) was enough to give the police officer sufficient information in making an arrest decision. Implicitly, this means that other commonly used field sobriety tests are not enough to provide the “firm data” that is necessary to make a valid arrest decision.

For example, if the arresting officer only asks you to recite the letters of the alphabet, pronounce certain words, or write down certain statements, these “tests” may not truly reveal how sober you are. Performing poorly on the alphabet test may be because you’re not fluent in English. Performing poorly on a handwriting test may be because of illegible penmanship, arthritis, or just plain nervousness.

There is at least one scientific study that has deduced that handwriting is not an accurate measure of a writer’s blood-alcohol concentration (BAC). This is important to note because many police departments’ standard alcohol influence report forms ask the arresting officer to get a handwriting sample from you. The prosecution will usually use this to show that your sloppy or illegible handwriting means that you probably had poor motor skills at the time. This is circumstantial evidence of a high BAC. If this happens, your Orange County DUI lawyer can use the scientific study mentioned above, or some other expert authority, to prove that handwriting is a poor indication of BAC.

If you’ve been arrested for drunk driving, let experienced Orange County DUI lawyer Tom Wallin help you. He will thoroughly investigate the facts of your case, including the kinds of field sobriety tests that your arresting officer gave you when you were pulled over, in order to prepare the best defense on your behalf. For a free initial consultation, simply fill out the form on this page.