In this article, you can discover…
- The standard field sobriety tests used by LAPD during DUI stops.
- How accurate field sobriety tests are as evidence in DUI cases.
- How a DUI defense attorney can challenge field sobriety test results.
What Are The Standard Field Sobriety Tests Used By Los Angeles Police During DUI Stops?
During a DUI stop in Los Angeles, the Los Angeles Police Department (LAPD) most commonly utilizes the three field sobriety tests that are approved by the National Highway Traffic Safety Administration. These are:
- Horizontal Gaze Nystagmus (HGN) Test – the officer will examine your eyes and check your ability to follow a moving object, like a pen or flashlight.
- One-Leg Stand Test – you will be asked to stand on one leg, keep your arms at your side, and keep your balance for around 30 seconds.
- Walk-and-Turn Test – you walk an imaginary line for nine steps, make a turn as requested by the officer, and then walk back nine steps heel-to-toe.
There are a few additional field sobriety tests that may be utilized by the examining officer, but these are the main ones you can expect if you’re stopped for a suspected DUI.
How Scientifically Accurate Are Field Sobriety Tests?
The accuracy of field sobriety tests in Los Angeles DUI cases is a subject of debate.
On a technical level, these tests were created to measure your ability to perform divided attention tasks, meaning to evaluate if you can listen to instructions and complete both mental and physical tasks. It sounds great in theory, but in practice, they’re often found to be less than reliable.
Prosecutors will usually bring in a criminalist or an expert witness who will testify that these field sobriety tests are scientifically valid. On the other side, defense experts will often argue that the tests are flawed and unreliable.
The bigger issue is how tests are conducted in the field. If an officer doesn’t administer or interpret the test correctly, the results are essentially worthless and cannot be used to determine sobriety accurately.
Another major problem is that an officer has no way of knowing a person’s physical or mental limitations when administering these tests.
In one of my recent cases, I had a client who had arthritis in both knees and couldn’t physically perform the walk-and-turn or one-leg stand test correctly. The officer was informed but still reported it as a failure.
When it comes to accuracy, it’s not enough to just consider scientific reliability; you have to also take into consideration human error and physical limitations because every person is different.
Matthew Cargal is an experienced DUI attorney serving residents of California. For over 25 years, he has helped clients just like you understand the legal processes after a DUI stop and will work diligently to ensure your rights have been protected.
Are you concerned your rights were violated during a DUI stop? Are you questioning the legitimacy of the field sobriety tests administered? Contact The Law Offices Of Matthew Cargal today to schedule an initial consultation.
How Can A DUI Defense Attorney Challenge Field Sobriety Test Results In Court?
The National Highway Traffic Safety Administration (NHTSA) has outlined specific “clues” that officers are trained to look for during field sobriety tests. Cross-examining the officer on these details is key to success.
When an officer reports that you failed a test, the way we challenge that is by breaking down each individual clue. For example, if there are six clues and the officer claims to have observed all six, we dig deeper and ask exactly what they saw, when they saw it, and how they interpreted it.
Another way we challenge field sobriety test results in court is to focus on whether or not the officer understood your physical limitations. The officer in question has never seen you perform these tests before and has no way of knowing what normal movement is for you and what isn’t.
In some cases, we’ll also bring in our own experts to challenge the scientific validity of the tests. The goal is to pick the tests apart and identify an issue that can call their accuracy into question.
Even the most minor issue is enough to create reasonable doubt, and in a DUI case, it can make all the difference.
Can Field Sobriety Test Results Be Suppressed Or Discredited?
Yes, I’ve had several cases where a client’s field sobriety test results were ultimately discredited. One case that stands out recently involved a veteran police officer with 25 years of experience who also happened to be a DUI instructor. He was pulled over and subsequently arrested for supposedly failing the field sobriety tests, despite performing them well and having a low blood alcohol level.
I also had a case involving a professional ballet dancer, a field that is competitive, requiring exceptional balance and coordination to excel. Her blood alcohol level was low, and she could have easily done cartwheels in a straight line, yet the officer deemed her performance as unsatisfactory for one reason or another.
In both cases, I was able to have those field sobriety test results discredited. This demonstrates how easy it is to discredit field sobriety test results when you hire an experienced attorney to examine the facts.
Can You Reduce DUI Charges Based On Field Sobriety Tests Even If My BAC Is 0.08?
DUI charges can potentially be reduced, even if your BAC is 0.08, as long as the field sobriety test results cast doubt on whether or not the officer had probable cause to make the arrest in the first place.
One of the key factors I often highlight is whether the officer made the decision to arrest you before or after administering the field sobriety tests. For example, if they waited until the end, after conducting every test possible, that suggests they didn’t have probable cause based on the sobriety tests alone.
If the field sobriety test performance was solid and the arrest was made on shaky grounds, we can absolutely challenge the charges, even if your BAC was 0.08.
Still Have Questions? Ready To Get Started?
For more information on field sobriety tests in Los Angeles, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 648-5004 today.
Matthew Cargal is an experienced DUI attorney serving residents of California. For over 25 years, he has helped clients just like you understand the legal processes after a DUI stop and will work diligently to ensure your rights have been protected.
Are you concerned your rights were violated during a DUI stop? Are you questioning the legitimacy of the field sobriety tests administered? Contact The Law Offices Of Matthew Cargal today to schedule an initial consultation.
