San Diego Field Sobriety Tests Defense Lawyer

California DUI Attorney

Drunk Driving Defense in CA

If you have been pulled over by a police officer under suspicion of driving under the influence (DUI) you may be requested to perform a series of tests called Field Sobriety Tests (FST). They are a series of physical and mental actions intended to test your equilibrium, dexterity and response time, as well as test your ability to follow directions. You are not under any legal obligation to submit to FSTs. Refusal will not result in revocation of your driver’s license or a conviction.

However, if you are arrested, you will be given a choice of blood or breath testing to check your blood alcohol concentration (BAC). If you refuse both of these, there will be legal consequences. Your BAC can be measured with a breath test (breathalyzer machine) or with a laboratory blood test. We always recommend that you opt for the blood test as you will have the opportunity to get a test performed by an independent laboratory of your choosing.

The bottom line is that none of the tests given are infallible. A skilled and experienced San Diego field sobriety tests defense lawyer should be able to find discrepancies and inaccuracies in the test results. Pre-existing medical conditions or side effects of prescription medicine can cause false positives in the Field Sobriety Tests. And it is true that many sober people are just not coordinated enough to perform them accurately. Breathalyzer machines are not always regularly maintained and that can lead to mistakes. Also, even if it has been hours since you’ve had anything to drink, alcohol can still register in your breath in a burp for up to half an hour before being tested. And, improperly performed procedures of collecting blood samples can lead to contamination of the samples or the samples could even be incorrectly labeled.

Don’t let the mistakes of others cost you your freedom. An experienced San Diego DUI lawyer of the law offices of Henry Root are knowledgeable of the intricacies of California DUI law and can protect your rights.