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You Failed Your DUI Field Sobriety Test: Does That Mean You Really Were DUI?

Posted by Christopher Martens | Nov 20, 2014 | 0 Comments

What's the truth about your recent DUI arrest? Had you really consumed enough alcohol to be over California's legal limit of 0.08% BAC? Or were you on the line? Did you actually fail your roadside field sobriety tests because you're been under the influence, or did police unfairly or inaccurately measure your results?

The answers to these questions matter because they can mean the difference between GOING TO JAIL and preserving your freedom. They can mean the difference between losing YOUR LICENSE FOR A YEAR OR LONGER or keeping your license.

Here are some of the more common Field Sobriety Tests (FSTs):

  • Finger to nose test. With your eyes closed, you extend both your hands out to the sides and try to touch the tip of your nose with your fingers. This measures coordination.
  • Count backwards by 3s test. Start from the number 100 and count backwards by intervals of three to measure your mental acuity.
  • Walk the line test. In this test, you are supposed to walk on the white line on the side of the road, much like you would walk on a balance beam. This test measures your coordination.
  • Horizontal gaze nystagmus test. In this test, an officer flashes a light in your eyes to measure your pupil reaction time. Slower reaction times tend to correlate with drug or alcohol intoxication.

These FSTs and others sound scientific, but there are dozens of reasons why someone might fail FSTs that have NOTHING to do with DUI. For instance, you might have been sick, nervous, walking on a slippery or wet surface, or just confused about what the officer asked you to do because of the loud roadside noise. Alternatively, perhaps you completed the tests well, but the officers either didn't see that you did a good job or intentionally misrepresented what you did.

Whether the court accepts this evidence or not can determine your FUTURE. Protect your rights and fight back against unfair sentencing by calling California DUI attorney, Christopher Martens, and his team today to schedule a consultation.

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.


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