Bakersfield Field Sobriety Tests Attorney

Challenging the Accuracy of Field Sobriety Tests in California

If you are pulled over with probable cause of DUI, you will most likely be given a field sobriety test (FST). FSTs are usually administered by an officer to determine your level of intoxication if any. These tests include a “walk and turn,” “one-leg stand,” and “horizontal gaze nystagmus.”

Can You Refuse to Take a Field Sobriety Test in California?

In California, you can refuse to take a field sobriety test but you are also giving the police officer grounds to arrest you. If you have been pulled over but not arrested, you can refuse a chemical test. If you are arrested without having taken a sobriety test, hiring a DUI defense lawyer will be crucial as you try to prove why you should not be charged with anything. It would be easy to assume that you can always refuse a sobriety test in California, but that’s not exactly the case. There are some circumstances in which you can be required to perform a chemical test—or face punishments. Technically, you can refuse to take a chemical test after you’ve been arrested in California. However, you will lose your license for at least one year. Refusing to submit to a sobriety test also gives police the right to hold you for forty-eight hours.

What Factors Can Affect the Performance on Field Sobriety Tests?

Many of the tests that are used by CHP or local officers have been found to not correlate to impairment due to alcohol or drugs.

In fact, there are many issues that go into failed tests that have nothing to do with being intoxicated. These include: