Understanding California DUI Field Sobriety Tests: What You Need to Know and How They Work

Posted on: November 14th, 2024 by Dod Law

California DUI Field Sobriety Test

California police officers are taking concentrated steps to reduce the number of drunk driving accidents in the state. Unfortunately, their zealous approach to anti-drunk driving strategies can sometimes see innocent people accused of intoxicated driving. Misinterpretations of California’s DUI field sobriety tests can leave you out to dry unless you know how to challenge their findings.   Learn more about what happens with a California DUI field sobriety test.

Our criminal defense lawyers at Dod Law in California can break down the basics of the state’s DUI field sobriety tests, how they work, and what you need to know about their impact on any criminal charges brought against you.

What Is a Field Sobriety Test?

A field sobriety test encompasses several non-chemical tests police officers can perform on drivers without leaving the roadside. Some of the most common field sobriety tests include the following:

• Walk-and-turn tests, where participants must walk in a straight line, heel-to-toe, and turn around without losing their balance
• The one-leg stand test, where participants must stand on one leg and repeat a certain phrase without unreasonably losing their balance
• The finger-to-nose test, where participants must successfully put their finger on their nose with their eyes closed
• The nystagmus test, which requires participants to follow an object (most often a finger, but sometimes a light pen) while keeping their head still

These tests primarily test a person’s coordination, ability to follow simple directions, and ability to communicate. Poor coordination, unreasonable belligerence, and slurred speech can all indicate dangerous levels of intoxication.

How Do Police Officers Administer Tests?

Officers cannot endanger anyone when administering field sobriety tests. The environment in which officers conduct these tests should be as safe as possible as well as reasonably familiar to the participant. Ideally, the surface a person stands on will be flat and even, and the area will be as well-lit as possible.

Officers also have a responsibility to clearly express their expectations and to repeat a test’s instructions upon request. Officers who deliberately complicate or obstruct the validity of a field sobriety test may have their alleged findings questioned should they attempt to charge a participant with a DUI.

Reasonable Cause and Field Sobriety Tests

What’s more, no police officer can randomly force a person to participate in a field sobriety test. California requires officers to express reasonable cause when pulling someone over and requesting their participation in a field sobriety test. This means that officers must have some evidence that a driver posed a danger to themselves or others on the road.

Reasonable evidence of impairment may include erratic driving, a strong smell of alcohol or drugs from a car, or an inability to follow basic roadway safety laws.

Can You Refuse to Participate in a Field Sobriety Test?

You do have the right to refuse to participate in a field sobriety test. However, refusing to participate in a test constitutes reasonable suspicion in the eyes of the law. In other words, refusing a lawful request to participate in a field sobriety test can see you arrested for driving under the influence. While you can challenge those charges, your refusal may invite unnecessary stress into your life.

Refusing a field sobriety test does not mean that you’re going to be convicted of a DUI. However, you will have to go through an arraignment and challenge the charges brought against you.

If you’re arrested after refusing a field sobriety test, consider getting in touch with a California criminal defense attorney as soon as possible. Our team can streamline your experience within the criminal justice system and make sure you understand the charges brought against you.

Ask Dod Law to Help You Challenge a Field Sobriety Test’s Findings

Accusations of drunk driving can leave you without a license. A conviction may see you face significant jail time on top of fines you may not have the means to pay. If officers try to accuse you of drunk driving based on findings from a faulty field sobriety test, it’s in your best interest to fight back in court. You can collaborate with a California criminal defense attorney to challenge your DUI charges.

Our team at Dod Law has almost two decades of experience advocating for California residents in criminal court.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form