Los Angeles Field Sobriety Test Attorney

Ready to Help You Get Your Charges Reduced or Dismissed

If you've been stopped on suspicion of DUI in Los Angeles, a field sobriety test (FST) may be one of the first steps officers take to assess whether you are impaired. Field sobriety tests are not foolproof, and their results can often be challenged in court. At Stephen G. Rodriguez & Partners, our experienced Los Angeles field sobriety test lawyers understand the complexities surrounding DUI investigations and can help you fight unfair charges based on unreliable FST results.

Whether you’re facing a DUI charge or simply have questions about your rights during a sobriety stop, we’re here to provide expert guidance. We know how to effectively challenge field sobriety test evidence and aim to protect your rights at every step of the legal process.

Contact us today at (213) 481-6811 to schedule a free case evaluation.

What is a Field Sobriety Test?

A field sobriety test is a series of physical and mental exercises administered by law enforcement to evaluate whether a driver may be under the influence of alcohol or drugs. These tests are usually conducted at the roadside, often after a traffic stop. The officer uses the FST results to determine if they have probable cause to make an arrest for DUI (Driving Under the Influence).

The goal of a field sobriety test is to measure a driver's coordination, balance, and ability to follow instructions. However, field sobriety tests are highly subjective and open to interpretation by the officer. Even sober individuals may struggle to perform these tests due to factors like stress, medical conditions, or unfamiliarity with the exercises.

Common Types of Field Sobriety Tests

The Standardized Field Sobriety Test is a set of three specific tests established by the National Highway Traffic Safety Administration (NHTSA) to identify signs of impairment. These include:

• Horizontal Gaze Nystagmus (HGN) Test: The HGN test measures the involuntary jerking of the eyes, which can become more pronounced when someone is under the influence of alcohol or certain drugs. During this test, the officer will ask you to follow a moving object (such as a pen or flashlight) with your eyes. The officer then observes the movement of your eyes for signs of nystagmus, or involuntary twitching.
• Walk-and-Turn Test: In the walk-and-turn test, the officer asks the driver to take nine steps in a straight line, heel-to-toe, then turn on one foot and return in the same manner. The officer watches for signs of impairment, such as difficulty balancing, failure to walk in a straight line, inability to follow instructions, or starting the test before being told.
• One-Leg Stand Test: During the one-leg stand test, the officer instructs the driver to stand on one leg and count aloud, usually for about 30 seconds. Signs of possible impairment include swaying, hopping, using arms for balance, or putting the raised foot down before the count is over.

In addition to these standardized tests, California officers may also use non-standardized field sobriety tests, such as finger-to-nose tests or reciting the alphabet backward. However, non-standardized tests are less reliable and often easier to challenge in court.

Legal Challenges to Field Sobriety Test Results

Field sobriety test results are often used as evidence in DUI cases, but they are not always reliable. At Stephen G. Rodriguez & Partners, our Los Angeles field sobriety test lawyers have successfully challenged FST evidence based on various factors, including:

• Officer Error: Officers must administer FSTs according to specific guidelines. Mistakes in administering the test can result in inaccurate conclusions about impairment.
• Physical Limitations: Medical conditions, injuries, or disabilities can make it difficult for some individuals to complete FSTs accurately, even when sober. For instance, someone with balance issues or a leg injury may be unable to perform the one-leg stand test properly.
• Environmental Factors: Roadside conditions, including uneven pavement, poor lighting, or adverse weather, can affect test results. Our attorneys examine these environmental factors to determine if they could have impacted the FST.
• Subjectivity: Field sobriety tests rely heavily on the officer’s subjective interpretation of your performance. Different officers may assess the same behavior differently, and bias can play a role in their judgment.

When we challenge field sobriety test evidence, we meticulously review the details of your stop and the testing conditions. Our goal is to uncover any weaknesses in the prosecution’s case and build a strong defense to protect your rights and freedom.

Can I Say No to Taking a Field Sobriety Test in CA?

Under California law, you have the right to decline a field sobriety test. Field sobriety tests are typically voluntary for drivers aged 21 and over who are not on DUI probation. Refusing to take a field sobriety test during a DUI stop is not the same as refusing a chemical test (such as a breathalyzer or blood test) after an arrest, which can carry serious consequences.

If you choose not to participate in a field sobriety test, it’s essential to do so politely and respectfully. Declining an FST does not give the officer automatic grounds for arrest, but they may still attempt to find other evidence of impairment. The decision to refuse an FST can sometimes strengthen your defense, as it limits the evidence available to the prosecution. However, it’s wise to consult with an experienced Los Angeles field sobriety test lawyer before making any decisions during a DUI stop.

Searching for the best defense lawyer in LA? Let Stephen G. Rodriguez & Partners protect your rights today! Schedule your free consultation with us today. Call (213) 481-6811 or contact us online!