What Happens If I Fail a Field Sobriety Test in California?

If you have even been asked to do a field sobriety test during a California DUI stop, you know how difficult these tests can be. Law enforcement may say these tests are set up to distinguish those that are under the influence, but the fact is these tests are very difficult for anyone to pass, even someone that is completely sober.

Why Are California Field Sobriety Tests so Difficult?

Failing a California Field Sobriety TestA “fair” test is one that every person would have a reasonable chance of passing. This may have been what the inventor of field sobriety tests had in mind when creating these tests, but that was hardly the outcome. For several reasons, these tests are difficult for anyone to pass. In reality, someone that is perfectly sober could fail these tests and be arrested for DUI.

How can you fail these tests if you are sober? Well, imagine being stopped on a windy, rainy night on your way to some type of formal event. In all likelihood, you would be wearing some type of dress shoe with a slick bottom. If the officer request that you take these tests, how can you be expected to keep your balance and walk a straight line in these conditions?

A situation such as this is a perfect example of how a sober person could fail a CA field sobriety test. A gust of wind could blow you off balance while standing on one foot. Or, you could lose your footing while working on a painted line when your shoes have no grip. The results of these tests are even more damning when you take into account the testing is probably being filmed on the officer’s dash cam.

You Can Refuse to Take California Field Sobriety Tests

For the reasons mentioned above, you should refuse to take these tests. Today, the court realizes these tests are unfair and in many cases, the conditions of the test are the reason this evidence is thrown out. If you are worried about the appearance refusing to take these tests will give to the courts, your lawyer can explain the reason and it will not be held against you during the proceedings.

Hiring a DUI Attorney in California

Whether you have taken a California field sobriety test or not, if you have been arrested and want to fight the charges, you will need a local expert criminal defense lawyer to help you.  Please fill out the quick form and we will then provide you with a free case review. In addition, you will also be provided with contact information for local, skilled attorneys that can help you win your case.

Leave a Comment

Call Now
Free DUI Review