Field Sobriety Test Results
Your Orange County DUI lawyer will analyze and evaluate the results of your field sobriety. If the arresting officer did not administer the field sobriety test correctly, the test has little to no value in proving intoxication.
Your DUI lawyer in Orange County will examine the conditions under which the tests were given. For example, where did the officer administer the field sobriety test that required you to walk and balance, such as the one-leg stand test or the walk-and-turn test? Was it at the police station in a well-lit room, or on a sloping gravel embankment on the side of a darkened road?
It should be noted that you must be evaluated for your own physical coordination as well, since it is often difficult for a sober person to adequately perform many of these coordination-based field tests. Your Orange County DUI defense attorney will also carefully determine whether it would be beneficial to have you demonstrate your ability to perform field sobriety tests in court. If you have difficulty performing field sobriety tests at your trial, it may be possible to negate the state’s theory that any difficulty you had in performing the test for the arresting officer was the result of intoxication.
Horizontal Gaze Nystagmus Test
If you underwent the horizontal gaze nystagmus test, you must also be evaluated for naturally occurring nystagmus. Your Orange County DUI lawyer can accomplish this during your initial interview in his or her office. Properly administering this test in your attorney’s office will provide a baseline to determine whether this test was administered to you correctly by the arresting officer, as it is often the case that this has not been done. It may be possible to have the test excluded by motion prior to trial if it can be confirmed through a review of the videotape or an evidentiary hearing that the test was improperly administered.
If you have been charged with a DUI and would like to discuss your case with an Orange County DUI defense attorney, please call Coffey and Coffey at 800-706-7888.