DUI Field Sobriety Tests 

If you have been stopped by the police and suspected of driving under the influence (DUI), then you have probably been asked to perform field sobriety tests (FSTs). The officer generally uses these "tests" to determine whether you are under the influence of alcohol. An experienced DUI lawyer like William M. Concidine can challenge the test results as interpreted by the officer. Please call me today to set up a free consultation to discuss your field sobriety tests.  

DUI Chemical Test

Following a stop and arrest for DUI, the officer will take the driver to conduct a chemical test to determine the driver's blood alcohol concentration. The officer is required to give the driver a choice between a blood or breath test. If the driver decides to take a blood test, the officer will have a blood sample taken which will be tested at the lab at a later date. If the driver elects to take a breath test, the officer will once again have the driver blow into a breathalyzer machine. 

The reliability of either test is dependent on the procedure used to conduct the tests. An experienced DUI lawyer can attack the test reults if any of the procedures were not properly conducted. This can have a significant impact on whether the evidence will be presented at court or the DMV hearing.     

Contact DUI Lawyer William M. Concidine to learn more about DUI chemical test results.

Types of DUI Field Sobriety Tests

Prior to conducting field sobriety tests, the officer will ask a set of questions designed to test your level of intoxication and memory.

Objective Symptoms:

When stopped for a DUI, the officer will list the objective symptoms of intoxication he notices on the driver. These include bloodshot/water eyes, odor of alcoholic beverage, and slurred speech.

Horizontal Gaze Nystagmus (HGN):

During this test, the officer will hold an item, either a pen or flashlight, out in front of you and ask you to hold your head still and follow the object with your eyes. Nystagmus is the involuntary movement back and forth of the eye as it travels from side to side. The theory behind the test is that alcohol increases nystagmus and if it can be observed then a person with nystagmus has been drinking prior to driving. However, nystagmus occurs naturally in a small portion of the general population. An experienced DUI lawyer can attempt to attack the results of the HGN test.

One Leg Stand:

In this test, the officer instructs the driver to stand with feet together, then lift one foot a few inches off the ground, look at the raised foot, and count. Numerous people cannot perform this balance test whether intoxicated or sober.

Walk and Turn Test:

Here, the officer chooses a line or crack in the ground and instructs the driver to walk the line, placing each foot in front of the other and to touch heel to toe, then swivel at the end of a specific number of steps and repeat the process coming back toward the officer. The instructions are difficult and confusing causing people to have problems, which a DUI lawyer can attack in court.

Preliminary Alcohol Screening Device (PAS):

Likely the last thing the officer has you do is blow into a small hand held device known as a preliminary alcohol screening device. This device is used to test your breath for the presence of alcohol. The officer has the driver perform the test two times and records the results. If the results are over the legal limit of .08 %, then you will likely be arrested. There are several ways to attack the results of these tests, to learn more, please contact San Diego DUI attorney William M. Concidine.

Other Field Sobriety Tests:

There are several other tests that different officers employ to decide whether to arrest someone for a DUI. These include saying the alphabet without singing, finger to nose test, counting down from 75 to 55, hand pat test, stand and balance test, and many others.

Still have questions? Please contact me anytime! I look forward to hearing from you.