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How Field Sobriety Tests Can Ruin Your California DUI Defense

You know that you were not drunk when you were driving home from a party, but the police officer says otherwise. He says you were driving erratically, and when he pulled you over, you failed a breathalyzer test. Is there any way to convince a jury that you weren’t driving under the influence?

Many drivers don’t realize that roadside sobriety tests, including the breathalyzer, are not used to prove that a person is sober—they are used to give officers probable cause to arrest a driver for DUI. Something else you may not know: you have the right to refuse any of these tests.

Under California law, you have the right to refuse any preliminary alcohol screening as long as you are over 21 and are not currently on probation for committing a prior DUI. This includes:

• Horizontal gaze nystagmus test (following a moving object with your eyes)
• Standing on one leg
• Touching your finger to your nose with your eyes closed
• Walking in a straight line with a turn at the end
• Breathalyzer tests
• Blood testing
• Urine tests

As trusted Ventura criminal defense attorneys, we appreciate that our police officers are trying to keep the roads safe. California field sobriety tests are designed to get drunk drivers off of the roads, thereby saving innocent lives. Unfortunately, many police officers do not administer the tests correctly, leading to false evidence in your Santa Barbara drunk driving defense.

If you declined to take a field sobriety test, you have a greater chance of getting the charges against you dismissed. However, an experienced Ventura DWI defense attorney can prove that the roadside tests are not conclusive evidence of intoxication, as well as argue for minimal sentencing if you are facing conviction.

If someone you love is facing a DUI charge in Ventura County, call Bamieh & Erickson at (805) 643-5555 for a free consultation. To learn more about your legal options, order our FREE Book, How to Hire a Lawyer in Santa Barbara County.

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