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Burbank DUI Lawyers

A person may be asked to perform one or more field sobriety tests (FST’s) when they are stopped by law enforcement due to suspected DUI (driving under the influence). A field sobriety test is used to measure a person’s attention, coordination, agility and balance.  When a person fails a field sobriety test then law enforcement can confiscate their driver’s license and arrest them for DUI in California.

There are several different types of field sobriety tests that law enforcement may use. The most common three are:

Types of Field Sobriety Tests

  • The Horizontal Gaze Nystagmus Test - During this test a person will be asked to follow a pen, finger or other object with their eyes. The sooner the eyes jerk, the higher the intoxication rates are said to be.
  • The Walk and Turn Test - This test requires that a person walks a straight line heel-to-toe nine steps forward and then nine steps backwards. Law enforcement will be looking for several issues including swaying, wobbling or inability to follow instructions properly.
  • The One Leg Stand Test - A person performing this type of test will be asked to put feet together, arms at sides and then to raise one foot forward about 6 inches off of the ground for about 30 seconds. The officer will be looking for swaying, hopping, use of arms to balance, putting foot down to soon or inability to perform test.

Field sobriety test are often known to have many serious problems that can produce false results. There have been several studies that have taken place across the nation in the past few years that have shown that field sobriety test have an accuracy rate of about 65%.

The reason for such a low accuracy rate is due to the following factors:

  • Poor instructions by law enforcement
  • Improperly administered test
  • Unreliable test administered
  • Difficulty of test
  • Driver fatigue
  • Pre-existing injuries/medical condition
  • Driver nervousness, intimidation & anxiety due to the stop
  • Pre-existing eye conditions
  • Pre-existing disability
  • A person’s weight
  • Improper footwear
  • Natural coordination issues
  • Adverse weather conditions
  • Performing test in dark & improperly lighted area
  • Tested on an uneven, slippery, and/or wet surface

Burbank DUI Defense Attorneys

If you or a loved one is charged or arrested for drunk driving/drug DUI hiring a qualified Burbank field sobriety tests attorney is the most important decision you can make.  At Gutierrez, Curtis & Gutierrez we can protect your legal rights, explain your legal options, and investigate the circumstances of your arrest. We can also question law enforcement and any witnesses that may have been present. 

Please contact a Burbank DUI defense lawyer at Gutierrez, Curtis & Gutierrez immediately for outstanding legal advice, guidance and representation. We offer aggressive DUI defense strategies and skill to clients throughout Burbank, California.

Problems with field sobriety tests? Contact a Burbank DUI attorney today!

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