Law Offices of Thomas Wallin
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Non-Standardized Field Sobriety Tests
There are two types of field sobriety tests that police use to justify a drunk driving arrest – standardized and non-standardized. Three standardized tests recognized by the National Highway Transportation Safety Administration (NHTSA) are the horizontal gaze nystagmus test, the walk and turn test, and the one-leg stand test.
Police often use non-standardized tests not recognized by the NHTSA. These include the Rhomberg balance test, the finger-to-nose test, the finger tap test, the hand pat test, the ABCs, the numbers backward test, and coin tricks. These tests are inherently unreliable and the results can often be successfully challenged in court, because the tests aren’t recognized as accurate indicators of intoxication. Although these tests are designed to measure mental and physical impairment from alcohol use, many of these signs can be traced to physical problems that other than alcohol.
Remember, a jury must be convinced of the driver’s guilt beyond a reasonable doubt in order to return a drinking and driving conviction. An experienced DUI defense attorney knows that the inherent flaws in non-standard field sobriety tests pose great problems for the prosecution, and create doubt in the minds of jurors.
An experienced DUI attorney will know and understand how to successfully challenging the results of your field sobriety tests.
Police often use non-standardized tests not recognized by the NHTSA. These include the Rhomberg balance test, the finger-to-nose test, the finger tap test, the hand pat test, the ABCs, the numbers backward test, and coin tricks. These tests are inherently unreliable and the results can often be successfully challenged in court, because the tests aren’t recognized as accurate indicators of intoxication. Although these tests are designed to measure mental and physical impairment from alcohol use, many of these signs can be traced to physical problems that other than alcohol.
Remember, a jury must be convinced of the driver’s guilt beyond a reasonable doubt in order to return a drinking and driving conviction. An experienced DUI defense attorney knows that the inherent flaws in non-standard field sobriety tests pose great problems for the prosecution, and create doubt in the minds of jurors.
An experienced DUI attorney will know and understand how to successfully challenging the results of your field sobriety tests.
Case Results
1st offense DUI in North Court (Fullerton) – Client had a BAC of .10 reduced...
1st offense DUI Under 21 BAC 0.16 Harbor Court (Newport Beach) – Client was in the Fire Academy and facing both DMV and criminal charges...
3 arrests for DUI in a 3 month span. All cases out of Orange County...
Felony Case Results.... Read More
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