Standardized Field Sobriety Tests
DUI Defense Lawyer in Orange County
Standardized field sobriety tests (SFSTs) are used by Orange County law
enforcement as tools in determining whether to make an arrest for
DUI. They are not required by law, and it is perfectly legal to politely refuse
to take field sobriety tests. Gold & Witham understands where the
weaknesses in these tests lie and how to prove this at the
DMV hearing or the
DUI process.
Three Main Types of Field Sobriety Tests
The National Highway Traffic Safety Administration (NHTSA) conducted an
analysis of a number of field sobriety tests and found three tests to
be the most accurate.
These are called the standardized field sobriety tests (SFSTs):
-
Walk and Turn – Walk in a straight line, heel to toe, 9 steps in each direction
-
Horizontal Gaze Nystagmus – Follow an object or light with the eyes
-
One Leg Stand – Raise 1 foot approximately 6 to 12 inches off the ground for 30 seconds
Although these were found to be the most accurate, at their best they are
only 68%, 77%, and 65% accurate in gauging impairment, respectively. Approximately
one out of three times, field sobriety test results are not correct. It
is the goal of an Orange County DUI lawyer to show this and therefore
help a client avoid a conviction and the various
DUI penalties associated with this.
Gold & Witham: Challenging Your Test Results
Field sobriety tests are used to determine balance, coordination, and the
ability to follow directions.
However, a number of issues can lead to a false failure of a field sobriety test:
- Weight
- Physical Condition
- Injury
- Fatigue
- Nervousness
- Illness
Regardless of the specific field sobriety test(s) that a driver may have
failed, Gold & Witham may be able to help. We understand what to look
for in improperly administered field sobriety tests or an individual with
a physical condition that resulted in a failed field sobriety test.
To take the first step in your defense, we encourage you to
contact our DUI law firm today!