Field Sobriety Tests in California

Know What to Expect When You’re Pulled Over

If you were pulled over by an officer who believes that you were driving under the influence (DUI), it’s important to know what will happen next. The officer on the scene will likely ask you to submit to a number of tests in order to determine whether or not you are sober, including a breath test to measure your blood alcohol content (BAC).

Can I Refuse a Field Sobriety Test in California?

California law states that you have granted implied consent to this test once you are arrested for a DUI, which means that before you are arrested, you have the right to refuse to submit to a breathalyzer test. After being arrested, refusing to submit to a field sobriety test comes with hefty penalties.

Speak with an experienced San Diego criminal defense attorney by calling us at (619) 605-0507 today.

Standard Field Sobriety Tests in California

The officer who pulled you over will likely ask you to submit to a number of tests before charging you with a DUI. If you are pulled over, it’s important to remember that you have the right to remain silent, and that anything you say can be used against you if you are charged with a DUI. Slurred speech, the smell of alcohol, a flushed face, etc. are all indicators that the officer will look out for when determining whether or not to charge you with a DUI. You also have the right to refuse a field sobriety test, but doing so may give the officer grounds to arrest you for a suspected DUI, which will then require you to submit to a chemical test or face additional punishment. Some of the common tests you may be asked to take include:

• Horizontal Gaze Nystagmus: This test will check to see how well you follow an object, like a pen or a light with your eyes. This test check your focus and any jerky movements.
• Walking a Straight Line and Turning: This test will check to see how well you can walk in a straight line, turn on the spot, and walk back. Any wavering, including stumbling off the marked line, could be a sign of intoxication.
• Standing on One Leg: This test will check your balance as you stand on one leg with the other raised about six inches off the ground. Some officers may also ask you to count up to or down from 10 as well.

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Hire Legal Representation Today

If you were charged with a DUI, it’s important to seek legal representation as soon as possible. You only have 10 days to request a hearing to challenge the suspension of your license, so you need to act fast to be able to stay on the road. At Premier Criminal Defense, we understand the best ways to navigate the legal system in order to secure you the legal outcome you need. Call us at (619) 605-0507 to speak with one of our San Diego DUI lawyers today, or fill out our online form and we will reach out to you as soon as possible.