Law Offices of Thomas Wallin
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Standardized Field Sobriety Tests
If a police officer suspects a driver of driving under the influence, the officer will typically administer a series of tasks known as Field Sobriety Tests. Despite the officious-sounding name, these “tests,” are usually conducted next to a busy street or freeway and are designed for failure. Whether you fail or succeed is often subjectively determined by the police officer. Field Sobriety Tests purport to demonstrate mental and physical impairment from alcohol use. In reality, these tests create probable cause for a drunk driving arrest and to gather evidence for a court case.
There are only three field sobriety tests are recognized by the National Highway Transportation Safety Administration (NHSTA):
1) horizontal gaze nystagmus test,
2) the walk and turn test,
3) and the one-leg stand test.
Because these three tests have been recognized by the NHSTA, they carry more weight in court than non-standardized tests, but a skilled attorney can successfully challenge the results of standardized field sobriety tests in court.
Mental impairment occurs before physical impairment. Physical alcohol impairment can be masked in those whose bodies are tolerant of its effects, but mental impairment cannot be masked. Physical impairment might stem from a source other than alcohol, and a jury must acquit a driver on a charge of driving while impaired.
A driver can show signs of physical impairment because of injury, illness, fatigue, or nervousness. Or the driver may just not be very coordinated. A lawyer experienced in defending California DUI / DWI cases will gather a complete medical history from a motorist facing drunk driving cases to determine whether causes other than alcohol may have contributed to any impairment, and challenge the results of any field sobriety test.
There are only three field sobriety tests are recognized by the National Highway Transportation Safety Administration (NHSTA):
1) horizontal gaze nystagmus test,
2) the walk and turn test,
3) and the one-leg stand test.
Because these three tests have been recognized by the NHSTA, they carry more weight in court than non-standardized tests, but a skilled attorney can successfully challenge the results of standardized field sobriety tests in court.
Mental impairment occurs before physical impairment. Physical alcohol impairment can be masked in those whose bodies are tolerant of its effects, but mental impairment cannot be masked. Physical impairment might stem from a source other than alcohol, and a jury must acquit a driver on a charge of driving while impaired.
A driver can show signs of physical impairment because of injury, illness, fatigue, or nervousness. Or the driver may just not be very coordinated. A lawyer experienced in defending California DUI / DWI cases will gather a complete medical history from a motorist facing drunk driving cases to determine whether causes other than alcohol may have contributed to any impairment, and challenge the results of any field sobriety test.
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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