The majority of sobriety tests that you might see in a TV show or movie are not the same ones that are actually carried out by professionals. In actuality, there are only a select number field sobriety tests that law enforcement should administer to drunk drivers. The National Highway Traffic Safety Administration specifically only recognizes three tests as being standard.

DUI charges may be withdrawn when non-standard field sobriety tests are used since they frequently fail to pass muster in court. If you have been charged with a DUI or another felony in California, keep reading to learn more about standard and non-standard tests before calling Law Office of Michael L. Fell at (949) 585-9055.

The three field sobriety tests that are standard

Three field sobriety tests are regarded as standard by the NTHSA. As follows:

1. HGN. The horizontal gaze nystagmus, or HGN, is based on the observation that a person's eyes will typically travel side to side smoothly when they are sober. When there is a sharp angle, they merely move jerkily. Nonetheless, a person's eyes could be jerkier after drinking alcohol. This jerky eye movement is referred to as HGN. The officer will hold out a small flashlight for the test, and you will need to follow it with your eyes fixed on it. Your eyes may conclude that you are not intoxicated if they can follow it without jerking.
2. Turn and walk. This test allows the officer to assess your cognitive ability, balance, and coordination. Typically, it entails taking nine steps while touching the heel of one foot to the toes of the other. Then you turn around and go back the same way. You won't be acting intoxicated if you can precisely follow these instructions, move forward at the right pace, and maintain your equilibrium.
3. A one-legged posture. You might be asked to hold your other foot about six inches off the ground while the officer asks you to stand on one foot. Then, until they tell you to stop, they will ask you to start counting at one thousand. They may conclude that you are likely to have a high blood alcohol content if you sway, balance on your arms, or put your foot down.

A field sobriety test is not required of you

The majority of individuals are unaware of the fact that you are not required to pass these assessments. This is sometimes mistaken for a blood or breath test, which you must submit to if the police officer has a reasonable question about your sobriety. We advise against submitting to a field sobriety test. Rather, politely decline and then maintain silence.

There is a significant chance we can disprove the field sobriety test evidence used to arrest you for DUI if it was the basis for the arrest. For legal assistance, contact Law Office of Michael L. Fell at (949) 585-9055.