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Field Sobriety TestsChoose a Topic Below
Field Sobriety Tests - In GeneralThese are not really tests at all; rather, I like to think of them as Roadside Agility Exercises that are highly subjective in nature, and designed for failure.In theory, these tests were designed to simulate and evaluate your "divided attention" abilities, a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest. Field Sobriety Tests - Do I have to submit to these tests/exercises?NO! What most people don't know is that these tests/exercises are not mandatory! However, the officer who stopped your car won't tell you this and will use the results of the tests to justify your arrest and to accumulate evidence to be used against you in court or at the Department of Motor Vehicles. Remember, it is your right to politely refuse to accept the invitation to submit to any Roadside Agility Exercises. Field Sobriety Tests vs. Standardized Field Sobriety TestsIn deciding whether to submit to these exercises, you should know these tests are highly subjective and only 3 have been "standardized" and "validated" as "acceptable" in the "scientific" community, while the remaining exercises are even more unreliable and unsupported as accurate for the detection of alcohol impairment. Standardized Field Sobriety Tests Include:Nystagmus (Horizontal and Vertical Gaze): The officer will position an object (i.e., finger, pen, etc.) 12-15 inches away from the driver's face, and move the object from side to side while watching the subject's eyes. The officer watches the eyes for the ability to track and/or the involuntary jerking of the eyeball. This jerking or trembling may be a sign someone has consumed alcohol. (However, Nystagmus is naturally found in a large percentage of society and can be indicative of many medical and physiological disorders) Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if you can follow instructions, balance, stop during the test, do not touch heel and toe, step off the line, or lose balance while turning. One Leg Stand: The subject is instructed to stand with their heels together, arms at their side, and then told to raise one leg (your choice) six inches off the ground while counting out loud until the officer tells you to stop. Here, the officer is looking to see if you raise your arms for balance, sway, hop, or put your foot down. Field Sobriety Tests Include: OthersRhomberg Balance Test (also known as the Modified Position of Attention): The subject stands still with their hands at their side, feet together and then they are insturcted to closes their eyes, tilts their head back, and estimates 30 seconds. The officer is looking for problems with balance, body or eyelid tremors, if you open your eyes, swaying, muscle tension, or any other "clues" to support the officer's subjective belief you are impaired. Finger to Nose: The subject stands with their feet together, eyes closed, and is instructed to hold their arms to their side and alternate bringing their index finger to their nose. Here, the officer is looking to see if you sway, have body or eyelid tremors, muscle tension, or any other "clues" to support a finding of impairment. Field Sobriety Tests include: Other Non-Standardized
PAS or PBT Test: One of the most dangerous Field Sobriety Tests is the Preliminary Alcohol Screening test, also called the PAS or PBT test. This is a portable breath test whichis supposed to be used as a field sobriety test to determine the presence of alcohol. However, on the road and in a courtroom, this device is regularly used to show the content of your breath alcohol and as evidence of your guilt at hearing and in trial. It is important to understand, the officer is supposed to advise you this test is voluntary and not the one required by the Implied Consent Law, however, most of the time this is forgotten, in order to secure more evidence of your impairment and/or breath alcohol level. THE MOST IMPORTANT THING TO KNOW ABOUT FIELD SOBRIETY TESTS is that a skilled Californai criminal lawyer will know how to handle them in court and in order to better represent you, California criminal lawyer Scott R. Spindel has been trained and certified in the theory and administration of Standardized Field Sobriety Tests and completed advanced training which allowed him to become one of only a few certified Instructors, in Southern California (Student Course: Las Vegas Nevada, 2003 and Instructors Course: Nashville, Tennessee, 2004). In 2003 this training allowed Mr. Spindel to instruct and certify over 20 California criminal lawyers from across the United States in the administration of Standardized Field Sobriety Testing and become one of the only Instructors to actually put this training into action. Basically, Mr. Spindel has received, the same, and in most cases more, training in the theory and administration standardized field sobriety tests than the officer that stopped your vehicle. If you would like to take advantage of free consultation with a California criminal lawyer who is dedicated to your needs and is available to you 24/7/365, please contact the Law Offices of Scott R. Spindel at (818) 783-5200 or you can email me directly at srspindel@pacbell.net. 24 hours a day - 7 days a week - 365 days a year Call today for your free appointment and consultation.
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