Field sobriety tests are methods that officers used to check whether to arrest the suspect or not. If a person is caught for driving under influence in Los Angeles, the first thing the law enforcement officer will ask is to do a few field sobriety tests (FSTs) so as to identify your level of impairment. The purpose of the tests is to identify whether a driver is under influence or not. The tests include a number of actions a suspect performs in front of an officer. There are several tests that the police officer may administrate, but there are only three which are preferred by the NHTSA. These are known as Standardized Field Sobriety tests. These tests were produced in the 1970 and law enforcement agencies used these tests in 1981 Standardized field sobriety tests were produced by scientists for law officials to help detect the intoxicated drivers. The NHTSA sponsored the research to build up tests helpful to determine drivers having a Blood Alcohol Concentration of 0.08 or higher.
The three most commonly used tests that are recommended by the National Highway Traffic Safety Administration (NHTSA) are listed below:
In this test, the officer tries to identify whether possible reason resides to make an arrest depending on how efficiently the suspect's eyes are tracking. The officer asks the suspect to come out from the vehicle and stand in front of him. The officer will place a physical object (maybe a pencil) one foot away from the suspect, and push the object laterally when looking at the suspect's eyes. The police officer looks if the driver is capable of see the object smoothly. The horizontal gaze nystagmus test calculates the unconscious jerking of the eye that enhances when an individual is intoxicated of alcohol. If the eyes experience difficulty in following the pen's movement, the individual may be intoxicated. If Nystagmus occurs until the eyes arrive at a 45 degree angle and if an individual's eye trembles distinctly then this trembling can be a symptom that this individual is under the influence.
This test is also called a divided attention test, and it involves a couple of stages. 1st stage is the instruction stage and the second is the walking. Throughout the instruction stage, the suspect stands along with his or her feet in heel-to-toe position and keep his or her arms aside. He or she must stand in this manner before instructions receive by the officer. In the walking phase, the suspect walks nine heel-to-toe steps in a straight line, then moves back and walks nine heel-to-toe steps back, counting aloud the whole time. The Officer will observe the following mistakes of the suspect:
In this test, the suspect will have to stand still with one leg lifted up in mid-air about six inches away from the surface, holding the legs straight and count aloud by thousands (One thousand one, one thousand two and so on.) until the officer permits the suspect to put the leg down . The suspect is told not to use their hands for stability and to stand for thirty seconds. The Officer will observe the following mistakes of the suspect:
If the driver indicates a couple of symptoms in this test, police officers will believe that this individual is under the influence.
There are many non-standard tests that police officers can also use, that might involve:
When the police officer feels that you've failed the field sobriety test, they will carry you to the police station to carry out a blood test, breath test or urine test to completely analyze if you can be involved in drunk driving. Neglecting to take the tests in Los Angeles instantly raises your charges, which includes automatic revocation of driving rights.
These are apparently tests that are developed to examine "divided attention", an essential ability in running a car. There are several individuals who can't carry out these tests to the police officer's full satisfaction, and arrested with a DUI charge. The field sobriety tests may not be carried out correctly by the officer, Officers may make mistakes, or the atmosphere and street conditions may have been such as to influence the suspect's capability to do field sobriety tests. These tests can be challenged. By thoroughly looking at all reviews, officer claims and laboratory results, it is quite possible to challenge your case.
If you have been arrested after taking and failing a field sobriety test, it is essential to get in touch with a Los Angeles DUI lawyer as quickly as possible. A DUI conviction contains charges such as jail time, heavy fines, and your driver's license suspension. By talking to a skilled lawyer to defend your privileges, you increase your possibilities of succeeding your case. Our firm cares for you about your career and will do our best to challenge the penalties. Our skilled DUI lawyers Los Angeles make excellent defenses and we use our legal methods to either get your DUI terminated due to deficiency of proof or get you the minimum range of charges possible.