San Jose, California, Field Sobriety Tests
California’s Standardized Field Sobriety Test consists of three tests administered to determine the level of impairment of a driver. This information can be used to establish probable cause for arrest even without a breathalyzer or blood test. At Hinkle, Jachimowicz, Pointer & Emanuel, our attorneys know how to challenge evidence collected by officers who improperly administer field sobriety tests.
Improperly administered field sobriety tests can result in incorrect conclusions about intoxication. If you face DUI charges, we may be able to challenge evidence submitted against you. Contact us to learn more about your rights.
Field sobriety tests were developed to help police officers assess DUI suspects and to provide evidence of intoxication. All officers must be accredited to perform field sobriety tests that can be used as evidence against any defendant. Any officer who decides that a field sobriety test is necessary must follow administrative guidelines to objectively measure the responses of the DUI suspect.
The three major field sobriety tests are:
- The horizontal gaze nystagmus (HGN): The HGN test is intended to monitor the naturally involuntary jerking of the pupils. An impaired person may have difficulty tracking a moving object, such as a pen or flashlight used in the test. The officer will observe the eyes to assess impairment. This test is less than 60 percent accurate and often improperly administered.
§ The walk and turn: Also known as a divided attention test, this test requires a suspect to listen and follow instructions while performing movements. An impaired person may have difficulty following these directions. The subject is instructed to take nine steps heel to toe in a straight line, turn, and walk back in the same manner. Indicators of impairment include an inability to remain balanced, starting before instructions are finished, stopping to regain balance, failure to walk heel to toe, the use of arms to balance or an incorrect number of steps.
- The one-leg stand: An officer will instruct the driver to stand with one foot six inches off the ground for 30 seconds. Indicators of impairment may be swaying, using arms to balance, failing to balance or putting the foot down. While some individuals who exhibit these indicators may be intoxicated, it is not a definitive indicator of intoxication. Our lawyers have experienced challenging the results of these field sobriety tests.
Other field sobriety tests may include a preliminary breath test, alphabet test, finger dexterity test, a finger to nose test or the Romberg test. If you believe that a field sobriety test may have improperly led to a drunk driving charge or DUI, please contact our firm. We will provide an immediate analysis of your case in a free consultation. Our attorneys in San Jose and Gilroy, California, are dedicated to providing aggressive criminal defense.
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