Los Angeles DUI Field Sobriety Tests and Breath Alcohol Tests

Field Sobriety Tests

There are five types of drunk driving evidence

1.  Incriminating statements ("Officer, I only had a couple of drinks")
 
     2.  Personal indicators (bloodshot eyes, slurred words, etc.)
 
     3.  Driving indicators (swerving, lane straddling, etc.)
 
     4.  Field sobriety tests (nystagmus, one-leg-stand, "fingers-to-nose", etc.)
 
     5.  Analysis of blood, breath or urine sample for alcohol concentration.

There are over a dozen different field sobriety tests that have been used by officers to various extents. Known to most officers and lawyers as “FSTs,” these tests are basically a series of exercises created to test coordination, balance, and divided attention (an individuals capability to perform two actions simultaneously). The most popular FSTs are walk-and-turn, one-leg-stand, hand-pat, finger-to-nose, fingers to thumb, nystagmus (watching an object moving only your eyes), and alphabet recitation.

One thing to know, these tests have been scientifically disputed numerous times. Field sobriety tests can often even be difficult for a sober individual to perform. Also, to “pass” the test is to be determined by the officer’s better judgment. One thing the popular public does not seem to know: These tests are not legally mandatory. Besides possibly irritating the officer, an individual may opt not to take a test without any legal consequence.

Continuing the scientific research, funded by the National Highway Traffic Safety Administration, studies have shown that just three of the numerous FSTs are actually successful in determining a drunk driver. These tests are nystagmus, walk-and-turn, and the one-leg-stand. Basically, this discovery deems all other field sobriety tests completely unreliable. Taking action with this study, law enforcement agencies around the country have created a suggested “standardized” battery of these three tests. In California though, the law enforcement agencies have, for the most part, ignored the standardized field sobriety tests. Most, in fact, continue to utilize whichever test they prefer.

Accuracy of Field Sobriety Tests
Debate on the progress of federal standards, the scientific studies done, and the efficiency of the numerous FSTs.

Officer's Pocketbook to DUI Driving Indicators
From the U.S. Department of Transportation, this is a guide for officers on the 20 symptoms of drunk driving to be aware of. The guide covers the statistical possibilities that a particular symptom involves intoxication (i.e. Making a wide radius turn gives a 65% probability that the driver is under the influence.)

The Eye Test
“Horizontal gaze nystagmus” is highly inconsistent, mostly for the police officers’ lack of skill. Yet, this test is one of the most used of the field sobriety tests. – as a coss-examination by a noted Los Angeles DUI attorney, Lawrence Taylor, demonstrates (refer to "The Best DUI Lawyers").

Field Sobriety Tests
An explanation of the one-leg-stand, nystagmus, and the heel-to-toe tests, the three “standardized” FSTs created by the National Highway Traffic Safety Administration.

DUI Laws Los Angeles DUI Penalties DMV License Suspensions Finding a Good Los Angeles DUI Attorney Los Angeles County Courts City Governments in Los Angeles County Law Enforcement Agencies in Los Angeles Los Angeles Prosecuting Agencies Officer's Probable Cause BAC Testing Limitations Blood Fermentation Arterial vs Venous Retrograde Extrapolation Computing Blood-Alcohol Individual Tolerance Odor of Alcohol on Breath Car Insurance After a DUI The Breath Machines Blood-Alcohol Analysis The Nystagmus Eye Test Officer's Field Sobriety Exams Corpus Delecti DUI Search Help Home

Copyright 2001 - 2008

Site Map | Legal Disclaimer