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Field Sobriety Tests

If you are pulled over on the grounds of Driving while Under the Influence (DUI), the arresting officer will likely require you to perform a number of Field Sobriety Tests. The purpose of these test is to establish reasonable grounds that you are in fact intoxicated. However, these tests are anything but scientific and are full of loopholes that favor the arresting officer and thus could falsely incriminate you. That is why it is essential that you understand your rights when it comes to California Field Sobriety Tests.

Remember, it is your right to remain silent – and it is in your best interest to do so.

You have no obligation to answer any questions, particularly whether or not you have been drinking. All you have to do is give the officer your license, proof of insurance and registration. More so, you have no obligation to take any field sobriety tests (which the law sees as a form of ‘talking’). Whether it is the walk and turn, one legged stand or alphabet test, you can simply shake your head and say ‘no thank you’. This right tor refusal also applies to the preliminary breath test. However, you should know that refusing to take this test will result in an automatic fine. After refusing, you should also politely ask the officer permission to leave.

This being said, in most cases an officer will arrest you. When he or she does so, the will first read you what is known as the implied consent advisory and, afterwards, as if you consent to taking a blood, breath or urine test (the officer has the discretion to choose which test, and the breath test is by far the most popular). In some cases, refusing consent is a crime, most often when you have previously refused the test and/or have prior DUI convictions on your record. If you know you are intoxicated and this is your second or third DUI charge, it may be in your best interest to refuse the test.

If you do take the test, you should always ask for an independent blood test administered by a medical professional.

Your California DUI Defense Attorney

The most important thing you can do after a California DUI charge is to contact an experienced LA DUI attorney who can help defend your rights in court. The Law Offices of Jonathan I. Kelman specialize in defending LA DUI charges. If you or a loved one is facing a DUI charge, seek the support of an attorney practicing only in criminal defense. Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.

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Ste. 410
Studio City, CA 91604

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Los Angeles, CA 90025

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Ste. #110
Los Angeles, CA 90012

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