The Truth about Field Sobriety Tests
Despite common misperception, California DUI law does not require you to submit to field sobriety tests (FSTs) while under investigation for drunk driving. These tests are completely voluntary, even though the officer conducting them may conveniently forget to mention that fact…or, at best, may simply gloss right over it.
Unfortunately, many people don’t realize that these tests are not required and submit to them under the false belief that they must do so. The problem -- which you know if you’ve been convicted of a DUI -- is that these tests simply set you up for failure.
Each California FST is designed to test your “divided attention”. Simply put, this means that the officer will be watching to see if you can follow several instructions at the same time.
When the officer who arrested you testifies as to your performance, I promise the jury will hear that you “didn’t perform the tests as explained and demonstrated”. The officer will go out of his/her way to point out all of the things that you did wrong, painting a picture of what the jury will see as a falling down drunk.
The fact of the matter is…that unless you were falling down drunk…you most likely performed a majority of the FSTs correctly. And while this is an area that is ripe for cross-examination of the officer, it may nonetheless leave the jury with an inaccurate image of someone so intoxicated that he couldn’t even find the nose on his face.
So know this…if you have the misfortune of being stopped for a California DUI, you are well within your rights to calmly and politely refuse to submit to any field sobriety tests.
