LOS ANGELES DUI LAWYER
Most DUI arrest reports have a page dedicated to Stardardized Field Sobriety Tests (SFSTs).  These tests are meant to gauge a driver's impairment, but are very far from perfect.  Additionally, officers will point to certain "objective" symptoms of impairment to justify their arrests.  Again, some of these fail to actually establish any impairment and can often be better explained by other factors.  While it is important to note that you have a right to refuse to perform these tests (and should!), that is not the purpose of this article.  This article is intended to explain the tests, their significance and their ability/inability to detect intoxication.  Additionally, this article explains how a DUI attorney can help you assert defenses and possibly avoid the negative consequences associated with a DUI conviction.

The three SFSTs are: the one-leg stand test, the walk and turn test, and the horizontal gaze nystagmus test:

-With the one-leg stand test, the officer will ask the suspect to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until the officer tells them to stop. The officer also times the suspect for 30 seconds, while looking for swaying, use of arms to balance, hopping to maintain balance, and putting the foot down.  If someone exhibits just one of these signs, there is not enough evidence of impairment.  If the suspect exhibits more, there could be other factors, like the suspects health, general ability to balance, nerves, loud noises, cars rushing by, etc.  A qualified DUI attorney will be able to establish that other factors can be responsible for poor performance on this test.

-The walk and turn test is also designed to measure balance, ability to follow directions and ability to walk in a straight line.  Here, the suspect is directed to take nine steps, heel-to-toe, along a straight line.  Then, the suspect must turn on one foot and take nine steps back in the opposite direction.  The officer looks for whether the suspect can keep balance while listening to instructions, begins before instructions are finished, stops while to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps.  The instructions are not always clear (suspect is not always told to wait until instructions are completed, for example) and again, health issues, problems balancing, nerves, fear and environmental factors can all affect performance.

Horizontal Gaze Nystagmus (HGN) is an involuntary jerking of the eye that occurs as the eyes gaze to the side. Typically, HGN occurs when eyes are turned to high peripheral angles. However, when a person is impaired by alcohol, HGN is exaggerated and may occur at lesser angles.  An alcohol-impaired person will also often have difficulty smoothly tracking a moving object.  The officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or flashlight, horizontally with his or her eyes.  The officer looks for the following signs of impairment in each eye: whether the eye can follow a moving object smoothly, whether jerking is distinct when the eye is at maximum deviation, and whether the angle of onset of jerking is within 45 degrees of center or farther out.  Nerves, lights and loud noises can make this process more difficult, but this is the most accurate of the SFSTs.

Aside from the SFSTs, the officer might also require some of the following non-standardized sobriety tests: stand with feet together and tip the head backwards, count the number of fingers that the officer raises, count backwards, recite the alphabet, the Rhomberg stationary balance test (suspect stands, feet together, and leans the head back to look up at the sky while holding their arms out to the side), finger-to-nose, and more. 

Additionally, the officer will look for bloodshot or glassy eyes, slurred speech, an "unsteady gait" (instability while walking), flushed face, and a "strong" odor of alcohol.  Just because the officer notes the presence of these factors doesn't mean that the factors are truly present.  Sometimes video footage and booking photos can be used to challenge the officer's alleged observations.  Other times, the observations might be true, but not indicative of intoxication due to other factors.  Police are not doctors and are not scientists.  Although they have been trained to make certain observations and administer field sobriety tests, very few police officers understand the science behind impairment and BAC testing.

A Los Angeles DUI Lawyer can help you assert defenses and minimize the negative impact of bad evidence.  If you've been arrested for DUI, contact our office immediately for a free consultation.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar