Irvine DUI Lawyer

If you've ever been stopped under suspicion of DUI, you may have had to submit to a series of Field Sobriety tests. While these tests have been designed based on research and study, they're still susceptible to error. It's important to get an Irvine DUI lawyer who is knowledgeable about them to defend you in your case.

The Standardized Field Sobriety Test, developed by the NHTSA, is a series of three tests that examine your ability to perform various actions. The three tests are: the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand.

During the HGN test, the officer will ask you to follow the progress of an object, like a flashligh, from side to side. If you seem unable to track the object smoothly, there is noticeable jerking of eye when looking to the extreme left or right, and that jerking starts at 45 degrees or less from center, these are taken as signs of impairment. The NHTSA dictates that if your eyes show four or more signs of impairment, there is a 77% chance that you are intoxicated. While that might sound rather conclusive, there is a nearly one in four chance that these signs are caused by some other factor. Talk with your Irvine DUI lawyer about any factors you know of that might have influenced the results of this test.

The walk-and-turn test evaluates your ability to follow instructions while performing basic physical tasks. Drivers who are intoxicated tend to have more difficulty performing both at the same time. In fact, the NHTSA has found that up to 68% of the people who are unable to do so properly are likely to have a blood alcohol content of .10 or higher. The test requires you to walk nine steps, heel-to-toe, and follow a straight line.

There are many things the officer is looking for while observing you: an inability to balance while listening to the instructions, starting too soon, stopping or waving arms for balance, failure to touch your heel to your toe, losing your balance while turning and taking the wrong number of steps. There are countless other explanations that would cause an inability to perform this test well, from physical injury, anxiety and stress levels, to simple balancing problems. If you are aware of any factors that might have contributed to your performance, discuss them with your Irvine DUI lawyer, as he'll need this information to properly defend your case.

The final test is the “one-leg stand”. In this test, you are asked to stand with one foot off the ground while counting aloud until you are told to stop. The test should last 30 seconds, with the officer checking for several cues: swaying, hopping or using arms for balance, or putting the foot down before being told to do so. According to the NHTSA's research, 65% of suspected drivers who are unable to do so will have a BAC of .10 or greater. Again, any reasons you might know of that affected your test should be shared with your Irvine DUI lawyer.

While each test is based on the research of the NHTSA, there is definite room for error. These tests are mainly designed to help an officer decide whether there is enough cause to administer chemical testing. Your Irvine DUI lawyer will be crucial in investigating the results of these tests and arguing their validity. Be sure to share any information you have that might be relevant, so that he can prepare the best defense for you.

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