California Field Sobriety Tests Set You Up To Fail
California field sobriety tests (“FSTs”) essentially set you up for failure. These so-called “tests” are designed to help law enforcement officers determine whether a suspect is driving under the influence. The problem is that there are so many different aspects to each test that even the most sober individual is bound to fail.
The fact is that unless you’re “falling down drunk”, these tests really aren’t indicative of anything…and if you are that drunk, the officer shouldn’t be performing these tests anyway, since your safety should be paramount.
The reality of the situation is that most people…even those who are intoxicated…will perform the majority of the test correctly. This is because each FST is broken down into a number of different parts, involving balance, coordination, listening and comprehension. And the parts of the test that cause most people difficulty could easily be explained by any number of “innocent” explanations…that is, explanations that have nothing to do with drug or alcohol impairment. Poor performance can be attributed to fatigue, stress, illness, injury, weather, etc.
Yet a cop will undoubtedly interpret any mistake that you make as a sign that you were driving under the influence. He/she will exclusively focus on what you did wrong, giving you no credit at all for anything you did right.
This is why it is critical that you 1) POLITELY refuse to perform any California field sobriety test if you are being investigated for a DUI (performing the test will rarely, if ever, help) or 2) fight any DUI charge where you did, in fact, perform these tests. Experienced California DUI defense attorneys know the most effective ways to demonstrate how and why FSTs are prejudicial and unreliable.
