In California, field sobriety tests are often used in DUI stops to determine whether a driver is intoxicated. Unfortunately for drivers, these tests are highly subjective and completely optional. Any person is well within his or her rights to refuse these tests, but police officers will usually not tell drivers this fact. As a result, many drivers take — and fail — these tests, which leads to DUI arrests.
In San Diego, lawyer James V. Bickford IV has practiced exclusively in DUI defense since 2000. He is qualified by the National Highway Traffic Safety Administration (NHTSA) and the National Association of Chiefs of Police as an INSTRUCTOR in Field Sobriety Testing. He has a thorough understanding of how these tests are supposed to be given and what rights drivers have during DUI stops and throughout the criminal process.
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There are many variations of sobriety tests that police officers may give:
- Nystagmus test: The officer places a stimulus 12 to 15 inches from the driver's face and the stimulus is moved from side-to-side while watching the subject's eyes. The officer will be looking for involuntary jerking or trembling of the eyeball, which may be signs of intoxication. However, alcohol is only one of numerous causes of nystagmus, some people also have naturally occuring nystagmus. Addition, an improperly administered test may be inadmissible.
- Walk-and-turn test: The driver is asked to take nine heel-to-toe steps along an imaginary line, turn and take those nine steps back. The officer will watch to see if the driver can keep his balance, keep his hands at his side, look down at his feet, count proper steps, and make a proper turn. The W&T is the most instructional and intensive of tests.
- Standing-on-one-leg test: The driver is asked to stand with his or her heels together and arms at the side, and then asked to raise one leg six inches off of the ground while counting aloud until told to stop (the officer has been instructed to stop you at 30). The officer is observing the driver's ability to conduct the exercise correctly without swaying, hopping or putting his or her foot down, or using his arms for balance.
- Finger-to-nose test: The driver is asked to place his or her feet together while standing straight with eyes closed. Then, the driver is asked to bring the index finger to the nose. The officer will be looking for swaying of the body, eyelid tremors or other involuntary body movements. (Driver is allowed a 2-3 inch sway) This test is not sanctioned by NHTSA.
- Hand Pat: Like the finger count, this test is only administrated by one CHP. The driver is instructed to touch the top of one hand to one palm of his other, the driver then touches palm to palm for a total of 4 sets, this test is also not sanctioned by NATSA.
- Finger Count: This test is only admissible by one California Highway Patrol. The driver is instructed to touch his thumbs to the tips of each finger for 4 sets. This test is also not sanctioned by NHTSA.
- Alphabet: Driver is instructed to recite the alphabet. The officer will be observing body sway.
Given the circumstances of many DUI stops — often at night, alongside roads with traffic, and with the possibility of arrest, which leads to nervousness — many alcohol free individuals would have failed sobriety tests, despite a lack of intoxication. By talking with an experienced DUI lawyer, we can determine what happened during the process and make sure your rights are protected.
Contact a San Diego Sobriety Test Attorney
For more information regarding field sobriety tests in California, contact James V. Bickford IV for a free case evaluation. Send an e-mail or call our San Diego office at 619-272-6934 as soon as possible after an arrest to learn about your legal options.
