Introduction to Field Sobriety Tests
Driving under the influence (DUI) is a serious offense in Orange County, carrying significant legal consequences. Law enforcement officers, including the Orange Police, the CHP, and the Orange County Sheriff’s Department all utilize various methods to identify impaired drivers and one of the most crucial tools in their arsenal is the field sobriety test (FST). These tests are designed to assess a driver’s coordination, balance, and cognitive functions. Understanding what officers are looking for during these evaluations is essential, especially if you find yourself in such a situation. Consulting a seasoned Orange County DUI lawyer can also provide invaluable guidance if you face DUI charges.
Key Components of Field Sobriety Tests
Field sobriety tests primarily consist of three standardized assessments certified by the National Highway Traffic Safety Administration: the Walk and Turn, the One Leg Stand, and the Horizontal Gaze Nystagmus (HGN). Each test serves a distinct purpose in evaluating different aspects of impairment.
The Walk and Turn
The Walk and Turn test is a divided-attention task that requires the subject to listen to instructions, process the information, and physically execute a series of steps. Officers typically look for eight specific indicators of impairment:
1. Cannot keep balance while listening to instructions: Difficulty in maintaining balance while instructions are being given.
2. Starts before instructions are finished: Beginning the test before fully understanding the directions.
3. Stops while walking: Interrupting the walk to regain balance.
4. Does not touch heel-to-toe: Failing to precisely touch heel to toe with each step.
5. Steps off the line: Straying from the imaginary straight line.
6. Uses arms for balance: Extending arms to maintain balance.
7. Improper turn: Performing the turn incorrectly.
8. Incorrect number of steps: Taking more or fewer than the prescribed nine steps.
These cues help officers gauge whether a driver might be under the influence. It’s imperative to note that the Walk and Turn test requires both mental and physical coordination, making it a reliable indicator of impairment, though not infallible. If an officer observes two or more of these clues, it significantly raises the probability of an arrest for DUI. Of course, your Orange County DUI attorney will point out that the officer doesn’t know how well you perform this activity with no alcohol in your system.
The One Leg Stand
The One Leg Stand test involves standing on one foot while raising the other approximately six inches off the ground for about 30 seconds. The officer instructs the subject to keep their arms down and count out loud while performing the test. Officers focus on the following four indicators:
1. Swaying while balancing: Signs of swaying to maintain equilibrium.
2. Using arms for balance: Raising arms beyond six inches for stabilization.
3. Hopping: Hopping to maintain stability.
4. Putting the foot down: Placing the raised foot on the ground before the test is over.
These factors help in determining the driver’s balance and coordination abilities. Again, your Orange DUI attorney will point out that the officer has no baseline to compare your performance to–they don’t know how you perform without any alcohol in your system. Typically, if the officer observes two or more of these indicators, it suggests an elevated likelihood of impairment.
Horizontal Gaze Nystagmus (HGN)
Horizontal Gaze Nystagmus refers to the involuntary jerking of the eye that occurs naturally when the gaze moves to the side. This phenomenon becomes more pronounced under the influence of alcohol or drugs. The HGN test requires the subject to follow a slowly moving object, usually a pen or small flashlight, horizontally with their eyes. The officer observes three specific criteria:
1. Lack of smooth pursuit: Eyes unable to smoothly follow the object.
2. Distinct and sustained nystagmus at maximum deviation: Noticeable and lasting eye jerking when the gaze is at the furthest point to the side.
3. Onset of nystagmus prior to 45 degrees: Eye jerking starts before the object reaches a 45-degree angle from the center.
The presence of these signs in each eye can indicate impairment. However, your Orange DUI attorney will point out that all the test really shows is the presence of alcohol in someone’s system, not impairment. This test solely assesses an involuntary physical reaction and is not influenced by the subject’s ability to follow instructions or their physical dexterity.
The Role of Orange County DUI Lawyers
Understanding the nature and purpose of field sobriety tests is crucial if you are facing DUI charges. These tests, while standardized, are not without issues and subjectivity. A proficient Orange DUI lawyer can challenge the results of these tests by questioning the conditions under which they were administered, the officer’s interpretation of the results, and any other factors that may have influenced your performance.
Field sobriety tests are often administered on uneven surfaces, in poor lighting conditions, or under stressful circumstances—all of which can affect a person’s performance regardless of sobriety. A skilled Orange County DUI lawyer will scrutinize these aspects and advocate on your behalf, striving to ensure that your rights are upheld through every stage of the legal process.
Additional Factors to Consider
While field sobriety tests are pivotal in DUI investigations, they are not definitive proof of impairment. Numerous external factors can influence the outcome of these tests. Individuals with certain medical conditions, injuries, or even those wearing inappropriate footwear may have difficulty performing these tests correctly. As your DUI attorney will point out, environmental factors like inclement weather, irregular terrain, or distractions in the surrounding area can also impact performance.
Moreover, the subjective nature of an officer’s observations during these tests can lead to varied interpretations. Hence, while these tests are standardized, the human element introduces a margin of error that can result in disputes regarding their validity.
The Importance of Knowing Your Rights
If you are stopped on suspicion of DUI, it’s imperative to understand your rights. Knowing the purpose and potential pitfalls of field sobriety tests can help you navigate the situation more effectively. You are under no legal obligation to perform these tests, and you may respectfully decline. However, once arrested, you MUST submit to a test of your blood or breath. Otherwise, you will lose your license with no option for a restricted license for at least one full year.
Conclusion
Field sobriety tests are a cornerstone of DUI enforcement in California. Tests like the Walk and Turn, the One Leg Stand, and the Horizontal Gaze Nystagmus provide police officers with tangible metrics to judge a driver’s impairment. However, these tests are not infallible and various factors can influence the results.
If you find yourself facing DUI charges, consulting am Orange DUI lawyer can offer significant advantages. An experienced legal professional can dissect the specifics of your case, contest the validity of field sobriety tests, and work to safeguard your rights and freedoms. Understanding what officers look for during these tests and knowing your rights can make a substantial difference in the outcome of a DUI investigation.