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California DUI Defense Attorneys

Field Sobriety Tests

The Law Offices of Lawrence Wolf have been helping individuals charged with California drunk driving crimes for over 30 years. Mr. Wolf has both prosecuted and defended thousands of adults and juveniles charged with DUI, license suspension, drunk driving, driving while intoxicated and vehicular manslaughter crimes. Lawrence Wolf has been a pioneer in developing all forms of alternative sentencing such as house arrest and diversionary programs. He has established relationships with Judges and District Attorneys throughout Los Angeles, Orange and Ventura Counties.

Many people believe that they are required to consent to certain "motor skills" tests, commonly referred to as field sobriety tests. This is not the case. Field sobriety tests are voluntary. You can say no! If you have already consented to a field sobriety test, you will need to rely on an experienced Los Angeles DUI attorney who understands the insignificance of these tests.

Field sobriety tests such as touching your nose with your finger, standing on one foot, following the movement of a pen light with your eyes are all things that we have seen law enforcement personnel do when they suspect someone of driving under the influence. However, many people do not realize that these tests are voluntary. You are not required by law to consent to any test that the police want to conduct "in the field". This includes not only answering questions that may be considered testimonial by nature, consenting to a roadside breath test, but also the tests listed below.

HGN Test (Horizontal gaze nystagmus test). Police will point an object at your eyes and ask you to follow the movement of the object without turning your head. They are looking for 3 signs that may indicate that your BAC is over the legal limit.

1. Lack of smooth pursuit means that your eyes will jerk as they follow the object or that your head will move from side to side.
2. Distinct jerkiness at maximum deviation means they will move an object as far as possible to one side until the white of the eye is no longer showing. They will then check for jerkiness in the eye.
3. Angle of onset means that they will move the object until you are looking at a 45 degree angle. They determine a 45 degree angle to be reached when the object is halfway between your nose and your ear and is held between 12 and 15 inches away from your face. If your eyes jerk when the test is being performed, they may conclude that the nystagmus is alcohol related.

NEVER CONSENT TO THIS TEST. It is highly improbable that the person performing the test has the expertise necessary to accurately access the results. There are many reasons why your eye may "jerk" while this test is being performed and having a BAC over the legal limit is only one of them.

Divided Attention Test. The walk and turn test and the one-leg stand test are used to determine your ability to follow instructions while your attention is being divided between mental and physical exercises. If you cannot keep balance while listening to the instructions; begin before the instructions are finished; stop while walking to regain balance; do not touch heel-to-toe, etc., you will be considered to be DUI.

Stationary Balance Test or Rhomberg Test. This test requires a person to stand with heels and toes touching, leaning their head back to look up at the sky or ceiling, holding their arms out to the side and estimate 30 seconds. If you are unable to perform any part of the test properly, you will be considered DUI.

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