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DUI field sobriety tests (commonly referred to as “FSTs”) are a series of tests meant to assist a DUI officer in determining if a suspect was drunk driving. They are designed to test a person’s balance, coordination, reaction time, ability to follow instructions, …blah, blah, blah!!! The reality is, field sobriety tests are used by DUI officers as nothing more than a means to an end which, in the case of a DUI traffic stop, is a DUI arrest.

In my 13 years of DUI defense practice, I can hardly recall a case in which my client was described in the arrest report as having performed well on these tests. I am not saying it doesn’t happen ….but it’s rare! The officer may give a passing grade on one, maybe two of the tests, but the overall performance will be described as poor at best.

These tests require a certain level of balance and coordination. Assuming you have it in you, many people would most likely need a few practice sessions to even get the hang of these tests. Yet, you are supposed to nail it on the first try under the most nerve-racking of conditions …standing on the side of the road with a DUI officer barking instructions at you while the threat of being arrested and thrown into a cold, damp jail cell looms large. Give me a break!

It’s not uncommon for people to feel as though they performed well on the tests. However, I am never surprised when the arrest report reflects just the opposite. If you think about it, it makes sense. A passing performance on the field sobriety tests would not support the probable cause necessary for the DUI arrest. If they are going to arrest you for a DUI, they need justify their reason for doing it. What better way then the field sobriety tests.

So, what’s the good news? The good news is …the field sobriety tests are OPTIONAL!!! That’s right. You don’t have to take them and there is no consequence for refusing to do so. (Well, you may have to deal with some attitude from the DUI officer who is not too pleased with your decision not to take the tests.)

Now, let me be clear about something. Refusing to take the tests does NOT mean you will avoid arrest. There are other factors a DUI officer relies upon to justify a DUI arrest. However, it does mean that there will be less evidence to prove you were driving under the influence. Now, that is good news!

Related posts:

1. Defenses to Field Sobriety Tests!
2. DUI: Field Sobriety Tests.
3. DUI Checklist: What To Do If You Are Stopped for DUI!
4. DUI Sobriety Checkpoints.
5. Los Angeles DUI Defense: Top 5 Mistakes Made By Police!

Tags: DUI Attorney, DUI Defense, dui lawyer, DUI tests, field sobriety tests, FST, fsts, los angeles dui attorney, los angeles dui defense, los angeles dui defense attorney, los angeles dui defense lawyer, Orange County DUI attorney, orange county dui defense, orange county dui defense attorney, orange county dui defense lawyer

This entry was posted on Tuesday, April 28th, 2009

at 10:38 pm

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