Inaccuracy of Field Sobriety Testing

Many people, including police officers, prosecutors, and attorneys are under the impression that field sobriety tests accurately reflect if a driver is impaired by alcohol and/or drugs, but this simply is not the case.  With the exception of the three standardized field sobriety tests, none of these tests have ever been validated in any way as being reliable in determining a driver’s intoxication.  In a number of instances, it has been discovered that drivers have performed badly during field sobriety testing for reasons other than their being intoxicated.  Reasons such as coordination, age, health, one’s natural sense of balance, and medications that the driver may have taken, as well as road and weather conditions, can have a great affect on how a driver performs when taking such tests.  A driver’s capabilities when performing these tests can and often do vary greatly from one driver to another.  Therefore, they often are poor indicators when it comes to revealing whether or not someone is intoxicated.

Drivers Do Not Have to Submit to Field Sobriety Tests

Contrary to what many believe, drivers are under no legal obligation to submit to field sobriety tests.  Unlike refusing to submit to a chemical test, refusing to perform road side aerobics will not result in your driver’s license being automatically suspended (unless you were previously ordered to submit to such testing because of a prior DUI arrest/conviction).  Oftentimes, the police will ask a driver to submit to such testing just to establish “probable cause” for making a DUI arrest.  You have the absolute right to refuse.  Furthermore, it most likely is in your best interests to refuse to submit to taking the tests, especially if you have had anything to drink. 

As mentioned above, field sobriety tests are very subjective, and the police officer who administers the test is the only “judge” as to whether you pass or fail.  Given the best of circumstances, if you do submit to these tests and perform them correctly, the police officer can still claim that your actions during the testing indicated that you most likely were intoxicated and go ahead and make an arrest anyway.  Rarely does a driver “pass” these tests.  Basically, the chances of a driver’s taking these tests and passing them are quite slight; however, the result of a driver’s submitting to such tests can greatly hurt him or her when fighting a drunk-driving arrest.  A drawback to refusing to submit to these tests is that the police officer most likely will arrest for drunk-driving; however, he or she most likely would have anyway. The bottom line is that you have nothing to lose by refusing, unless of course you are completely sober.  This is the only time you should agree to take a field sobriety test.

Napa & Sonoma DUI Attorney

The concept that a driver who is arrested for drunk-driving is automatically guilty is a very bad and inaccurate assumption and one that skilled Napa and Sonoma DUI attorneys have proven to be wrong.  Experienced Napa and Sonoma DUI attorneys will carefully review all of the factors involved when a client submitted to field sobriety testing.  If the police who administered the tests failed to adhere to National Highway Traffic Safety Administration protocols, including his or her having received proper training, the reliability of his or her testimony pertaining to the testing most likely can be suppressed.   When it comes to successfully fighting your DUI charges, having a knowledgeable and skilled Napa or Sonoma DUI lawyer by your side is critical. 

We offer online Napa and Sonoma DUI case reviews.  Contact us today for yours!