What Are Field Sobriety Tests
Field Sobriety Tests, or FST’s for short, are a series of tests designed to evaluate a driver’s balance, coordination and mental acuity. These tests are used by law enforcement agencies such as the California Highway Patrol, the Sheriff’s department as well as local police departments. They are used in any DUI investigation where the officer wants to evaluate a driver’s sobriety. However, any DUI lawyer will tell you that these tests are completely voluntary. There is no legal obligation for any driver to submit to any field sobriety test. Any Huntington Beach DUI lawyer will always advise against submitting to these tests. However, most people do not realize the voluntary nature of the tests and almost always agree to provide this incriminating evidence to law enforcement.
The Most Common Field Sobriety Tests
Any time an officer asks a driver to perform a field sobriety test the officer must first explain and demonstrate the test. How well the driver understands the explanation is really the first part of the test. Here are the most common tests used by the Huntington Beach Police Department, and really all police agencies, in a DUI investigation.
- Walk-and-Turn
The driver is instructed to stand on an invisible or actual line and walk heel to toe until the driver has walked nine steps. Then the driver must perform a three-step turning movement and walk heel to toe nine steps back to the starting point. The driver is instructed to look at their feet while performing this test and to keep their arms at their side the entire time. Raising the arms, not looking at the feet, stepping off the line, not touching heel to toe, not taking exactly nine steps, or losing balance are all considered indications of impairment and DUI.
2. Rhomberg Test
The driver is instructed to keep hands at side, close their eyes, lean their head back, and estimate 30 seconds before opening their eyes. Here, the officer is looking for the amount of sway (front to back and side to side) as well as whether the driver keeps their arms at their side. The officer also looks to see how close the 30 second estimate is to 30 seconds as well as for any eyelid flutter. Loss of balance is also an indicator of DUI impairment.
One-Legged Stand
The driver is instructed to keep their arms at their side and raise one foot six inches off the ground. They are told to keep looking at their foot and to count to 30 while maintaining this position. Keys to DUI impairment include raising arms, hopping or losing balance, putting foot down, not looking at foot, not continuing to a 30 count.
These three tests are all approved by the National Highway Traffic Safety Administration.
Why Are Field Sobriety Tests Important?
Any Huntington Beach DUI attorney knows there are two ways for the District Attorney to prove a DUI. The first is to prove that the driver had 0.08% blood-alcohol content or greater at the time of driving. In this case, the DA does not have to show that the driver was impaired. In fact, impairment is irrelevant. However, if the driver has drugs in their system, or a blood-alcohol content below 0.08%, the DA must prove that the driver was actually impaired. That is where the field sobriety tests become extremely important. Often, in the case of a drug DUI or a low alcohol DUI, the field sobriety tests are the only evidence the DA has actual impairment.
But a skilled Huntington Beach DUI attorney knows how to deal with field sobriety test evidence at trial. First of all, a good DUI lawyer will emphasize to the jury that there is no baseline to compare the driver’s performance to. In other words, we don’t know if the driver would have done any better with no alcohol or drugs in their system. It may very well be that the driver is just uncoordinated or otherwise physically limited in the first place. How can we judge the driver’s impairment without a baseline test. Moreover, the officer’s written report describing the driver’s performance may not be accurate. Often, there is a digital video recording of the tests on the officer’s dash cam or body cam. A DUI attorney will subpoena this evidence and expose any officer bias.
Free Telephonic Consultation With A Huntington Beach DUI Lawyer
At The Law Office of EJ Stopyro we offer a free, no-obligation telephonic consultation and case review. Call us today at (949) 278-6353 for your consultation.