All About Field Sobriety Tests
Field tests for intoxication can be complex to administer correctly. Your Orange County DUI lawyer will take time to study your test results. Did you know that if the tests are not done properly they may not be valid in proving sobriety or intoxication? Take a moment to look at the tests from a defense attorney’s point of view.
One of the field sobriety tests is called the horizontal gaze nystagmus test. That sounds complicated, and it can be because the test checks for jerky motion of the eyes as they focus on a moving object. However, some people have a natural shifting of the eyes whether sober or not and your attorney can evaluate you for this characteristic. This may help determine if your test results are valid. In addition, the horizontal gaze nystagmus test is often done incorrectly by the officer in the field. If the video of the test or a hearing on the matter reveals improper administration, then the test results could be excluded from your trial or case.
Walk and balance tests
Were you given a physical coordination test such as walking, balancing, walk-and-turn, or one-leg stand? Here again, such an assessment needs to be given correctly. Was the test done in a well-lit police station or by the roadside at night on a gravelly or uneven surface? The conditions may have adversely affected your ability to perform the test and your Orange County DUI lawyer needs all the details.
Your attorney may want you to demonstrate the tests at trial to show your baseline. Depending on the conditions in which the tests were given and your ability to perform the tests in court, it’s possible that your DUI tests were not truly evidence of intoxication.
The bottom line is that an experienced Orange County DUI lawyer knows how to check your field sobriety tests to see if they will hold up in court. Coffey & Coffey gives you an added edge in our complete knowledge of the workings of local courts. Call (800) 706-7888 for a free consultation.