California's Field Sobriety Tests
Posted on Oct 15, 2009 3:25pm PDT
In the state of
California, driving under the influence (DUI) is a criminal offense that is committed whenever people choose to drink and then drive. It is also committed when people choose to consumer drugs before driving or drive with a blood alcohol concentration of 0.08% or higher, which is the state's legal limit.
Once people are pulled over by police for suspected DUI, police will ask them to complete a series of field sobriety tests. People often wonder if they have to submit to these tests and the answer is that FSTs are not mandatory. This means that if police ask you to perform field sobriety tests in California, you have the right to refuse.
What many people do not realize is that field sobriety tests are not easy, even if you are 100% sober. These tests are based on peoples' agility and coordination, which means that people can easily fail them for a variety of reasons such as poor weather conditions or wearing uncomfortable shoes. Due to the fact that these tests are difficult to perform perfectly, it is often in peoples' best interests to refuse taking them.
When people are asked to perform the FSTs, they will have to complete three tests: walk and turn, one leg stand and horizontal gaze nystagmus. While performing these tests, police will carefully monitor people's coordination and ability to follow instructions. They will then decide if people have passed or failed. Chances are, if police ask you to perform FSTs, they already believe you are impaired and will use your performance on the tests as evidence that you are under the influence. Therefore, refusing to perform the FSTs may be your best option.
If you have been charged with DUI in California or have questions about field sobriety tests,
click here to find a DUI attorney near you!